Dothan, Ala. — The state of Alabama is pushing to proceed with its fourth execution using nitrogen gas, despite growing concerns about the method’s safety and effectiveness. Scheduled for February 6, the execution of Demetrius Terrence Frazier, convicted for the 1991 rape and murder of a woman in Birmingham, has sparked legal challenges and calls for intervention.
Frazier’s attorneys filed a motion seeking to block the execution unless the state makes significant changes to its protocol. They argue that Frazier should be given the same sedative used in lethal injections before the nitrogen gas is administered. The legal action follows reports from medical professionals and defense attorneys questioning whether inmates executed by nitrogen gas have suffered unnecessary distress.
This marks the latest in a series of executions by the controversial method, which Alabama has employed since 2018. The gas method involves placing a mask over the inmate’s face and replacing breathable air with pure nitrogen, causing death by lack of oxygen. While the state maintains that nitrogen gas leads to a swift and humane death, the process has raised concerns over its potential to cause prolonged suffering.
Dr. Brian McAlary, an anesthesiologist who witnessed the November execution of Carey Dale Grayson, testified during a hearing on Tuesday that the inmate appeared to be in distress. McAlary observed Grayson moving his head, making rapid eye movements, and struggling against his restraints long after the state predicted the inmate would lose consciousness. McAlary further noted that Grayson raised both legs simultaneously and held them in the air before letting them fall, which he believed to be a voluntary movement, indicating the possibility that Grayson was still conscious.
These observations are significant, as they contradict the state’s assertion that nitrogen gas induces a quick and painless death within 30 to 40 seconds. McAlary’s testimony marks the first time a medical doctor has spoken publicly about the conditions observed during a nitrogen execution. Previously, only news reports and accounts from prison staff had been used in court.
In response, Dr. Joseph Antognini, an anesthesiologist hired by the state, downplayed the significance of Grayson’s movements. He argued that such actions could occur involuntarily, citing similar movements observed in patients during surgery while unconscious. However, he admitted that he had never witnessed a double leg lift like the one Grayson performed.
The ongoing debate over nitrogen gas executions is compounded by Frazier’s unique legal situation. Frazier, who was convicted in Alabama for the 1991 murder, had previously been sentenced to life in prison for a separate crime in Michigan. In 2011, the governors of both states agreed to transfer him to Alabama’s death row. Frazier’s supporters have argued that he should serve his sentence in Michigan, where the death penalty is not allowed.
Frazier’s mother, Carol Frazier, made a last-minute plea to Michigan Governor Gretchen Whitmer, urging her to intervene and request Frazier’s transfer back to Michigan. However, the Michigan Attorney General’s office filed a response stating that the state would not seek his return. Whitmer’s office has not commented on the matter.
As Frazier’s execution date nears, the legal and ethical questions surrounding the use of nitrogen gas remain unresolved. While the U.S. Supreme Court has not ruled the method unconstitutional, the troubling testimony about its effects has prompted calls for more thorough scrutiny of the execution protocol. With the fate of Frazier and the future of nitrogen executions hanging in the balance, Alabama’s approach to capital punishment continues to face intense legal and public scrutiny.
