A federal judge has ruled against halting the upcoming execution of Demetrius Frazier by nitrogen gas, stating that he failed to prove his claim that the new execution method is unconstitutionally cruel and causes undue psychological distress. This decision comes ahead of Frazier’s scheduled execution for the 1991 rape and murder of Pauline Brown.
Legal Challenge to New Execution Method
Demetrius Frazier, who is set to be executed on Thursday, had requested a federal judge to issue a preliminary injunction either to stop his execution or require Alabama to provide him with a sedative before using nitrogen gas. However, Chief District Judge Emily C. Marks rejected the request, ruling that Frazier had not met the high legal bar necessary to prove his claims of cruel and unusual punishment.
Judge’s Ruling on Nitrogen Gas Execution
In her ruling, Judge Marks concluded that Frazier did not show sufficient evidence that the nitrogen gas execution protocol would cause him serious psychological pain, thus violating the Eighth Amendment’s protection against cruel and unusual punishment. This is the fourth planned execution using nitrogen gas in the United States, with Alabama having previously carried out three nitrogen executions in 2024.
Concerns Over Psychological Pain During Executions
Frazier’s legal team cited accounts from earlier nitrogen gas executions, including testimonies from Dr. Brian McAlary, an anesthesiologist who observed the November execution of Carey Dale Grayson. McAlary testified that Grayson showed signs of distress and appeared conscious for up to three minutes after the gas was administered. Despite this, Judge Marks determined that the reported movements may have been involuntary or not indicative of significant psychological distress.
Uncertain Future of Nitrogen Gas Executions
While Judge Marks ruled against Frazier’s claims, she noted that the issue of whether prolonged oxygen deprivation during an execution could violate the Eighth Amendment remains open. She acknowledged that the longer an inmate remains conscious during a nitrogen gas execution, the greater the likelihood of it being deemed unconstitutional.
Frazier’s Family Pleads for Clemency
Ahead of his execution, Frazier’s mother, Carol Frazier, made a heartfelt plea to Michigan Governor Gretchen Whitmer, requesting that her son be sent back to Michigan to serve his life sentence there instead of facing execution in Alabama. Whitmer’s office declined to comment on the request.
