A U.S. District Judge in Alabama has denied a preliminary injunction request to block the upcoming execution of Carey Dale Grayson by nitrogen gas on November 21. The judge ruled that Grayson did not meet the legal burden required to prove that the method is unconstitutionally cruel.
The nitrogen gas execution protocol involves placing a respirator gas mask over the inmate's face to induce death by lack of oxygen. Critics have raised concerns about the effectiveness and potential pain caused by this method.
Grayson, convicted in the 1994 killing of Vickie Deblieux, is set to be the third inmate in the nation to be executed using nitrogen gas. The first two executions using this method were Kenneth Smith and Alan Miller.
During the previous nitrogen gas executions, witnesses reported seeing the inmates shaking on the gurney for several minutes before succumbing to death. However, the judge noted that the protocol was successful in causing death in less than 10 minutes.
Grayson's case is unique as he was the only one of four teenagers involved in the crime to receive a death sentence. The U.S. Supreme Court had previously set aside the death sentences of two other teens due to their age at the time of the crime.
While lethal injection remains the primary execution method in Alabama, inmates have the option to choose death by nitrogen gas or the electric chair.
