Carey Dale Grayson, who was convicted of the 1994 killing of Vickie Deblieux, is scheduled to be executed Thursday.
MONTGOMERY, Ala. — Alabama is planning to carry out the nation’s third execution with nitrogen gas as critics argue the method needs more scrutiny before it is used to put another person to death.
“The state’s protocol as written is designed to suffocate a conscious individual, which violates United States Supreme Court precedent,” John Palombi, an attorney with the Federal Defenders Program, told the three-judge panel. Members of the three-judge panel seemed skeptical at times of Grayson’s argument. One of the judges questioned how the method is any different from the gas chamber, which involves an inmate inhaling poisonous gas while conscious. The gas chamber hasn’t been used to carry out an execution in the United States since 1999, but the method is still authorized.
He said Grayson is using the term suffocation “to evoke a sense of fear and pain that doesn’t exist with this method.”
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