A federal judge has allowed the execution of Demetrius Frazier using nitrogen gas, rejecting his claims against the method's constitutionality. Chief District Judge Emily C. Marks ruled on Friday, February 2, 2025, stating Frazier had failed to demonstrate his allegations of unconstitutionally cruel punishment and psychological horror associated with the new execution method.
Frazier is set to become the fourth inmate executed by nitrogen gas, following previous executions performed by the state of Alabama. His legal team requested the court for either a preliminary injunction to halt the execution scheduled for Thursday or to mandate the administration of a sedative before the execution, but this request was denied.
According to Judge Marks, the claim raised by Frazier did not meet the extraordinarily high legal standard to halt the execution: "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," she wrote.
Frazier’s case traces back to the 1991 murder of 31-year-old Pauline Brown. Prosecutors outlined how Frazier broke entered Brown’s apartment, assaulted her, and fatally shot her. Prior to his conviction in Alabama, Frazier had also been convicted for the 1992 murder of a 14-year-old girl in Michigan, which does not carry the death penalty.
Alabama initiated the use of nitrogen gas as its execution method to replace lethal injections due to complications surrounding the latter. The technique involves placing a respirator over the inmate’s face filled with pure nitrogen gas, which causes death by asphyxiation. Frazier's attorneys raised concerns based on witness descriptions from previous nitrogen gas executions, arguing the method could induce psychological suffering by prolonging conscious distress during the process.
Dr. Brian McAlary, who witnessed one of these earlier executions, testified to observing clear signs of distress from the individual being executed—a stark report implying they remained conscious for around three minutes. Other media witnesses echoed these observations, describing involuntary movements from executed inmates, raising alarms about the method's humane status.
Despite these distressing accounts, Judge Marks ruled these observations did not substantiate claims of severe psychological grief violating constitutional protections: "Notwithstanding the State’s stubborn refusal... the longer an inmate remains conscious... the more likely it becomes the Eighth Amendment may be violated," she noted. This recognition of potential issues marks a cautious acknowledgment of the method's risks as the legal proceedings continue.
Demetrius Frazier's mother, Carol, made impassioned appeals to Michigan's Governor Gretchen Whitmer, requesting his return to Michigan rather than facing capital punishment. "Please bring my son back to Michigan. Please don’t let Alabama kill my son if you can stop it," she penned, hoping for intervention to spare her son’s life. Whitmer’s office has not commented on her request, though it highlights the emotional toll on families facing the death penalty.
Frazier’s impending execution raises significant ethical and constitutional questions around nitrogen gas execution as states navigate the complex terrain of capital punishment. The controversy is dissecting traditional views on humane execution methods, prolonging debates on broader legal and moral grounds as courts balance legality against the potential realities of suffering from different methods.
With this case advancing, Frazier’s scheduled execution looms as the clock ticks down on both his life and the larger conversations surrounding the death penalty and human rights within the American justice system. This scenario, emblematic of the challenges faced by inmates on death row, serves as another chapter in the evolution, or perhaps the turmoil, of capital punishment protocols.