MONTGOMERY, Ala. — A federal judge on Friday refused to block what would be the fourth nitrogen gas execution in the United States, asserting the inmate had not substantiated his claims about the method being unconstitutionally cruel.
Chief District Judge Emily C. Marks dismissed Demetrius Frazier’s plea for either halting his execution scheduled for Thursday or requiring Alabama to administer a sedative before using nitrogen gas. Marks asserted Frazier failed to meet the "exceedingly high" legal threshold necessary to win such an injunction.
"Frazier fails to meet his burden to establish the Protocol does create a substantial risk of serious psychological pain such the Protocol violates the Eighth Amendment," Marks stated.
Demetrius Frazier is set to face execution for the 1991 rape and murder of Pauline Brown. Prosecutors described how Frazier broke through Brown’s Birmingham apartment, assaulted her, and then shot her execution-style.
Alabama pioneered the use of nitrogen gas for executions, becoming the first state to utilize this method when three inmates were executed by nitrogen gas back in 2024. The method replaces breathable air with pure nitrogen gas via a respirator gas mask, leading to death through hypoxia (lack of oxygen).
Frazier's lawyers highlighted accounts of the initial nitrogen executions to argue against the state’s claim of swift death, asserting instead, it might result in torturous suffocation. Testimony from Dr. Brian McAlary, an anesthesiologist who observed the execution of Carey Dale Grayson, noted he witnessed clear indications of distress, alleging Grayson seemed conscious for up to three minutes during his execution.
Media witnesses, including those from The Associated Press, reported troubling observations, including shaking seen on the gurney as the executions began. Nonetheless, Marks opined these descriptions were insufficient to demonstrate severe psychological pain or distress exceeding what is typical of any execution.
The state has argued the movements exhibited by the inmates could have been involuntary or mere reflexes. Disturbingly, the judge did express concern over the potential unconstitutionality if inmates remain conscious and breathing nitrogen gas for extended periods.
"Notwithstanding the State’s stubborn refusal at the evidentiary hearing to concede this point, the longer an inmate remains conscious...the more likely it becomes the Eighth Amendment may be violated," Marks highlighted.
Before his trials and conviction in Alabama, Frazier had already faced justice for unrelated crimes. He was previously convicted of the 1992 murder of 14-year-old Michelle Gainey in Michigan, receiving life imprisonment there, where the death penalty is not applicable.
Frazier’s mother, Carol, has appealed to Michigan Governor Gretchen Whitmer to intervene and relocate her son back to Michigan to serve his life sentence instead of facing execution. "Please bring my son back to Michigan. Please don’t let Alabama kill my son if you can stop it," Carol urged within her letter to the governor.
Whitmer's office, upon receiving the distressing plea, declined to provide any commentary on the matter. This case encapsulates the juxtaposition of state rights versus ethical responsibilities, raising numerous questions about the viability and morality of nitrogen gas as a method of execution.
The debate surrounding lethal injections, gas, and other execution methods continues to evolve, particularly as states seek more efficient ways to carry out death sentences. Legal and ethical discussions are becoming increasingly prevalent as these cases reveal the psychological ramifications and humane concerns associated with capital punishment.
With Frazier’s looming execution date, the eyes of the nation are focused on how Alabama will grapple with their humane obligations within the judicial system. The case doesn’t merely represent one man’s heart-wrenching saga but echoes the reverberations of changing expectations for state practices concerning capital punishment.
Should the use of nitrogen gas continue unchallenged, this could pave the way for wider adoption of the method across various states, thereby igniting discussions about both its practical implementation and its moral underpinnings.