BATON ROUGE, La. (AP) — Louisiana’s plans for its first death row execution utilizing nitrogen gas have been put on hold by a federal judge. The scheduled execution, which would have been the state’s first in 15 years, was halted by U.S. District Court Judge Shelly Dick through a preliminary injunction issued on Tuesday. Attorney General Liz Murrill has announced that the state will be appealing the decision.
In her ruling, Judge Dick raised concerns over whether nitrogen hypoxia constitutes cruel and unusual punishment under the Eighth Amendment. She emphasized the importance of addressing this question through a trial on the merits before proceeding with the execution. Dick highlighted that the injunction serves the public interest by safeguarding constitutional rights and ensuring a fair resolution of the matter. She clarified that the issue at hand is not whether Jessie Hoffman Jr. will face execution, but the manner in which it will be carried out.
Last month, Hoffman filed a lawsuit aiming to block his scheduled execution on March 18. His legal team argued in a recent hearing that nitrogen hypoxia violates the U.S. Constitution by being cruel and unusual punishment and infringing on Hoffman’s religious practices, particularly his Buddhist meditation techniques. They also criticized the lack of transparency in the execution protocol, pointing out that Hoffman’s attorneys were not listed as required witnesses.
Cecelia Kappel, Hoffman’s attorney, praised Judge Dick’s decision and expressed readiness to present evidence supporting the claim that nitrogen hypoxia would cause undue suffering to Hoffman. Hoffman himself, while not contesting his conviction or sentence, requested a humane method of execution, suggesting options such as a firing squad or a drug cocktail commonly used in physician-assisted death.
State attorneys argued in favor of nitrogen hypoxia, citing its successful implementation in Alabama and its compliance with Louisiana law. They pointed out that the state’s execution methods are limited to nitrogen hypoxia, lethal injection, and electrocution. Republican officials, including Gov. Jeff Landry and Attorney General Murrill, stressed the importance of delivering justice to victims’ families, with Murrill indicating the expectation of at least four executions this year.
Jessie Hoffman, convicted of the 1996 murder of Mary Elliott in New Orleans, remains on death row as legal proceedings continue. Louisiana’s approach mirrors that of Alabama, where nitrogen gas has been used in four executions. The execution protocol involves securing the subject to a gurney and administering pure nitrogen gas through a mask, resulting in oxygen deprivation.
