“Alabama Execution Proceeds as Federal Judge Denies Block on Controversial Nitrogen Gas Method”
MONTGOMERY, Ala. (AP) – A federal judge in Montgomery, Alabama, made a crucial decision on Friday regarding the upcoming execution involving the use of nitrogen gas. The judge’s ruling denied a request to halt the planned execution, which would mark the fourth time nitrogen gas is utilized for this purpose in the United States. The inmate in question, Demetrius Frazier, had raised concerns about the constitutionality of the new execution method, specifically alleging that it inflicts unnecessary psychological trauma and can be considered cruel.
Chief District Judge Emily C. Marks presided over the case and ultimately rejected Frazier’s plea for a preliminary injunction. This injunction would have either postponed his scheduled execution in Alabama or mandated that he receive a sedative prior to the administration of the gas. Judge Marks determined that Frazier did not meet the stringent legal standards required to grant such an injunction, stating that he failed to demonstrate that the execution protocol posed a substantial risk of causing severe psychological distress in violation of the Eighth Amendment.
Frazier stands accused of the 1991 rape and murder of Pauline Brown, a tragic incident that occurred in Birmingham. Prosecutors allege that Frazier forcibly entered Brown’s apartment, sexually assaulted her, and fatally shot her in the head. Notably, Alabama made history by being the first state to carry out executions using nitrogen gas, with three previous instances in 2024. The process involves placing a gas mask over the condemned individual’s face, replacing breathable air with pure nitrogen to induce death through oxygen deprivation.
Frazier’s legal team referenced accounts of the initial nitrogen executions in Alabama to argue that the method could result in conscious suffocation rather than the swift and painless death promised by the state. Dr. Brian McAlary, an anesthesiologist present during the execution of Carey Dale Grayson, testified to observing signs of distress in the inmate, who appeared conscious for several minutes after the gas was administered. Witnesses, including members of the media like The Associated Press, reported seeing the condemned individuals exhibit physical reactions at the beginning of their executions.
Judge Marks, however, concluded that the evidence presented did not substantiate claims of severe psychological suffering beyond what is typically associated with an execution. The state authorities maintained that the movements observed in the inmates were possibly involuntary or simulated. Nonetheless, the judge acknowledged the potential violation of the Eighth Amendment if an inmate were to remain conscious while deprived of oxygen during the execution process.
Prior to his legal troubles in Alabama, Frazier had a criminal history in Michigan, where he was previously convicted of the 1992 murder of a 14-year-old girl. In Michigan, he was sentenced to life imprisonment as the state does not have the death penalty. Frazier’s mother made a heartfelt appeal to Michigan Governor Gretchen Whitmer in a last-ditch effort to prevent her son’s execution. She urged the governor to intervene and
