Louisiana execution halted as nitrogen gas method challenged
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The man poised to become the first Louisiana death row inmate executed in 15 years scored a significant win Tuesday as he challenges the state's plan to use nitrogen hypoxia to carry out his death sentence.
Why it matters: A federal judge decided Jessie Hoffman Jr. cannot be put to death as planned March 18 while his legal team argues the method is a violation of the 8th Amendment, which bars cruel and unusual punishment.
The latest: In her ruling, Judge Shelly Dick of Louisiana's Middle District Court sided with an expert who testified for Hoffman's legal team.
- "The Court concludes that Hoffman has clearly demonstrated that he is substantially likely to prevail in his assertion that nitrogen hypoxia superadds pain and terror as compared to firing squad," method Hoffman's filing indicated a preference for, Dick's ruling says.
- Firing squad as a capital punishment method isn't currently legal in Louisiana.
The big picture: Louisiana's efforts are among others by conservative-led states where capital punishment is legal that are looking for ways to move executions forward despite the longtime scarcity of lethal injection drugs.
- Alabama began using nitrogen gas in January 2024, and last week, South Carolina resumed executions by firing squad.
- Louisiana would be the second state to use nitrogen; Arkansas is also looking into its use, the AP reports.
- "As Alabama has demonstrated, nitrogen hypoxia is a humane and effective method of execution," Alabama Attorney General Steve Marshall told the AP.
Yes, but: Not everyone is so sure.
- Nitrogen hypoxia occurs when nitrogen gas replaces the oxygen a person breathes, and critics say the execution method is cruel.
- After the January 2024 execution of Kenneth Smith in Alabama, witnesses described Smith's end as violent.
- "With all that struggling and jerking and trying to get off that table, more or less, it's just something I don't ever want to see again," one witness told the New York Times.
Zoom in: Louisiana Gov. Jeff Landry has characterized the move to restart executions as a "promise kept" to crime victims.
- "For too long, Louisiana has failed to uphold the promises made to victims of our State's most violent crimes; but that failure of leadership by previous administrations is over," Landry said in a statement.
- "The time for broken promises has ended; we will carry out these sentences and justice will be dispensed."
Hoffman was found guilty of the 1997 kidnapping, rape and first-degree murder of Molly Elliott after her body was found on a makeshift dock along the Middle Pearl River in St. Tammany Parish.
- Attorney General Liz Murrill has told the AP that she expects four of the state's nearly 60 death row inmates to see execution dates this year.
- One died this year of natural causes.