In a significant legal development, Louisiana is expected to proceed with its first execution using nitrogen gas next week, after a federal appeals court nullified a previous injunction. This decision was made on Friday, and with the execution date of March 18 fast approaching, attorneys representing Jessie Hoffman Jr. have expressed intentions to escalate the matter to the U.S. Supreme Court in a bid to stop the execution.
State representatives, including Attorney General Liz Murrill, have endorsed the appeals court’s decision, emphasizing that it aligns with delivering long-awaited justice to victims’ families. However, Hoffman’s lawyer, Cecelia Kappel, criticized the ruling sharply, arguing that the execution method poses severe psychological distress and mimics the agony of a torturous death.
The new execution protocol entails Hoffman being secured to a gurney and inhaling pure nitrogen gas through a full-face mask. This method mirrors that of Alabama, the pioneer state in employing nitrogen hypoxia, which has already conducted this form of execution four times. If Hoffman’s execution proceeds, it marks Louisiana’s return to capital punishment after a 15-year hiatus. He was convicted for the 1996 murder of Mary Elliott in New Orleans.
Hoffman’s legal team contends that employing nitrogen gas for executions constitutes a breach of the Constitution due to its cruel and unusual nature. In a recent hearing, several medical professionals testified, claiming the method induces a torturous experience comparable to drowning, which triggers similar emotional distress. The attorneys highlighted occurrences in Alabama’s executions where witnesses reported involuntary shaking and gasping by inmates, attributed to lack of oxygen.
Louisiana officials maintain that nitrogen hypoxia is a virtually painless procedure. After the hearing, U.S. District Judge Shelly Dick imposed an injunction to halt Hoffman’s execution. She raised questions about the cruel and unusual nature of nitrogen hypoxia under the Eighth Amendment, emphasizing that the case’s key issue was the method of execution rather than its occurrence.
Hoffman himself expressed a desire for what he perceives as a “humane” execution alternative, suggesting either a firing squad or a drug cocktail typically used in physician-assisted deaths. Louisiana’s sanctioned methods include nitrogen hypoxia, lethal injection, and electrocution. On Friday, the 5th U.S. Circuit Court of Appeals in New Orleans allowed the state to continue with its nitrogen gas plan, as Judges James Ho and Andrew Oldham, both appointed by President Donald Trump, overturned the prior injunction.
The judges supported the state’s stance, arguing that Hoffman’s proposed method of a firing squad might prove more painful than nitrogen hypoxia. They asserted, “While reasonable minds can disagree on Eighth Amendment interpretations, it’s unreasonable to mandate state officials to prefer more painful execution methods.”
Judge Catharina Haynes, a George W. Bush appointee, dissented, indicating the necessity for prolonged judicial review. “Such examination cannot occur posthumously,” she remarked. If Hoffman’s execution proceeds as scheduled, Louisiana will become the second state to implement this method after Alabama. Alabama used nitrogen hypoxia last year for Kenneth Eugene Smith’s execution, marking the first new method since lethal injections began in 1982.
Nationally, execution numbers have plummeted due to legal disputes, lethal injection drug shortages, and decreasing public support for capital punishment, prompting many states to cancel or pause executions. Last year, Louisiana lawmakers added nitrogen hypoxia to the list of approved execution methods, reigniting efforts to resume capital punishment. Murrill mentioned in February that the state anticipates executing at least four people in the current year, with 56 individuals currently on death row in Louisiana.
