Alabama is set to carry out its third execution using nitrogen gas, a method that has sparked debate among critics who argue that it requires further scrutiny before being employed in capital punishment. Carey Dale Grayson, convicted of the 1994 killing of Vickie Deblieux, is scheduled for execution on Thursday using the nitrogen gas method recently adopted by Alabama. This technique involves placing a respirator gas mask over the inmate's face to replace breathable air with pure nitrogen gas, leading to death by oxygen deprivation.
The 11th U.S. Court of Appeals heard arguments on Monday regarding a request to halt Grayson's execution. Lawyers presented differing perspectives on the state's nitrogen gas protocol, with concerns raised about the potential for the inmate to experience unconstitutional levels of physical and mental pain during the process.
John Palombi, representing Grayson, contended that the state's protocol is designed to suffocate a conscious individual, which he argued violates Supreme Court precedent. Palombi suggested that the inmate may endure conscious suffocation before becoming unconscious, constituting a state of terror. Grayson is seeking to block the execution or modify the protocol to administer a high-dose sedative before the gas is introduced.
Despite these arguments, a lawyer for the state defended the use of nitrogen gas, asserting that it causes no physical pain and induces rapid unconsciousness. The state's position is that nitrogen hypoxia, while depriving the inmate of oxygen, does not equate to suffocation in the traditional sense of the term.
During the court proceedings, concerns were raised about discrepancies between expert predictions of rapid unconsciousness and observations from previous nitrogen gas executions in the state. Media witnesses reported instances where inmates exhibited movements on the gurney for extended periods after the gas was administered, prompting questions about the effectiveness and potential discomfort associated with the method.
Grayson's case stems from the brutal killing of Vickie Deblieux, with Grayson being one of four teenagers involved in the crime. While two of the teens had their death sentences commuted due to their age at the time of the offense, Grayson, who was 19 at the time, faces the death penalty for his role in the tragic incident.
