Months after Alabama carried out the first execution in the United States through nitrogen hypoxia, the state is now preparing for another execution using the same method.
The Alabama Supreme Court has been asked by the attorney general’s office to grant an approval of execution date for Carey Dale Grayson, who was convicted for the murder of Vickie Deblieux back in 1994.
Should permission be granted, this would mark the third instance of the state utilizing nitrogen gas as a means of execution.
In January of last year, Kenneth Smith made history as the first person in the United States to undergo a nitrogen gas execution. Smith had been convicted of the murder-for-hire killing of Alabama native Elizabeth Sennett in 1988. However, his execution did not go as planned, as he suffered from convulsions lasting over two minutes. This raised concerns from advocates who criticized the state for not fulfilling its promise of providing a swift and painless death.
Alan Miller, who was convicted of killing three men in a workplace shooting back in 1999, has been scheduled for a second execution on September 26th by the Supreme Court.
John Palombi, an attorney with the Federal Defenders Program, expressed disappointment regarding the state’s plan to schedule a third nitrogen hypoxia execution. He pointed out that the question of whether the first execution caused torture to Kenneth Smith remains unresolved. In an email, Palombi stated, “It is disappointing that the state wants to schedule a third nitrogen hypoxia execution before the question of whether the first one tortured Kenneth Smith has been resolved.”
Inmates in the state still have the option to request nitrogen gas or the electric chair as their method of execution, although lethal injection remains the primary means.
The state is currently pursuing execution dates for prisoners who have chosen nitrogen gas as their preferred method, including Grayson, despite the controversies and legal disputes surrounding Smith’s execution.
Palombi stated that Grayson has expressed concerns regarding the implementation of Alabama’s execution method. Grayson believes that a full trial is necessary to determine whether the state’s chosen method of execution is constitutional or not.
According to the Attorney General of Alabama, Steve Marshall, the recent execution was carried out flawlessly and he has expressed his willingness to help other states in adopting this new method.