In a significant move, Louisiana executed Jessie Hoffman Jr. using nitrogen gas, marking the state’s return to capital punishment after a 15-year pause. The execution, carried out at the Louisiana State Penitentiary, was the first instance of nitrogen hypoxia being used in the state. Hoffman, 46, had been convicted of murdering Mary “Molly” Elliott, an advertising executive, in New Orleans when he was 18. He spent the majority of his life imprisoned before being executed on Tuesday evening.
The process, which took 19 minutes, was described as “flawless” by officials despite some involuntary movements observed by witnesses, such as shaking and convulsions. However, media observers and other witnesses characterized the procedure as clinical and routine, with no apparent deviations from the set protocol. Gina Swanson, a reporter from WDSU, noted that the execution’s clinical nature did not prompt any concerns about the appropriateness of the process.
Hoffman opted not to make a final statement or request a last meal. His execution was the fifth instance of nitrogen gas being used in the United States, following Alabama’s implementation of the method in four previous cases. This week anticipates three more executions via lethal injection in Arizona, Florida, and Oklahoma.
The execution sparked court battles, with Hoffman’s attorneys seeking intervention from the Supreme Court, challenging the nitrogen method as violating the Eighth Amendment against cruel and unusual punishment. Additionally, they argued it impeded Hoffman’s religious practices of Buddhist breathing and meditation during execution. Nonetheless, the court’s decision was against intervention.
The state’s justification for employing nitrogen hypoxia, considered painless, was partly due to struggles in sourcing drugs for lethal injections. The Supreme Court’s refusal at 5-4 to halt the execution was recognized after a 19th Judicial District Court Judge also denied stopping it based on religious grounds. The judge noted that such matters had already been dealt with by a federal jurisdiction.
The procedure involved Hoffman being secured on a gurney with a tight respirator mask placed over his face, administering pure nitrogen gas to deprive him of oxygen. The process continued until the heart rate indicated no activity on the EKG. As nitrogen gas started at 6:21 p.m., observers reported twitching, clenched hands, and slight head movements from Hoffman. A gray blanket covered him during the process, with a visible rise and fall of the chest, indicative of his breathing till 6:37 p.m., after which no further breaths were observed.
Seth Smith, from the Louisiana Department of Public Safety and Corrections, who was present, interpreted the movements as involuntary, signaling that Hoffman was likely unconscious. This technique, first applied in Alabama, similarly led to observable convulsions in those executed, perceived as involuntary due to oxygen deprivation.
Alabama’s initiation of the nitrogen method with the execution of Kenneth Eugene Smith paved the way for other states like Louisiana to consider it. Alongside Alabama, Louisiana alongside Mississippi and Oklahoma, and now Arkansas, permits execution by nitrogen hypoxia. The method was recently adopted by Arkansas, further adding to the number of methods available for carrying out capital punishment.
In the continuing debate over capital punishment, Louisiana expanded its array of methods to include nitrogen hypoxia and electrocution, responding to challenges in securing lethal injection drugs. While public and legal challenges have contributed to a decline in executions nationwide, some states persist with the practice. Outside Angola prison, where the execution occurred, protestors maintained a vigil, advocating for peace and justice reform. Louisiana Attorney General Liz Murrill stated that justice was long delayed and expected more executions to follow this year, indicating a potential continuation in the state’s use of capital punishment.