A federal judge in Alabama heard arguments Tuesday on whether to block the state’s planned execution of Demetrius Terrence Frazier using nitrogen gas. The hearing comes amid growing scrutiny of the controversial execution method, with medical experts debating its effects and Frazier’s supporters seeking his transfer to Michigan, where the death penalty is banned.
Alabama Defends Execution Method Amid Concerns
Alabama has scheduled Frazier’s execution for February 6, marking the fourth time the state has used nitrogen gas for capital punishment. The method, which involves replacing breathable air with pure nitrogen, is intended to cause death by oxygen deprivation.
Dylan L. Mauldin, Alabama’s assistant solicitor general, argued in court that Frazier’s appeal is a delay tactic and emphasized that the U.S. Supreme Court has never ruled nitrogen gas executions unconstitutional.
However, Frazier’s attorneys urged the court to intervene, arguing that previous executions using nitrogen gas have resulted in prolonged suffering. They suggested that inmates should receive a sedative—similar to those used in lethal injections—before the gas is administered.
Doctor Testifies About Distress During Previous Execution
A key moment in the hearing came when Dr. Brian McAlary, an anesthesiologist who observed the November execution of Carey Dale Grayson, testified that Grayson appeared to be conscious and in distress for minutes longer than state officials predicted.
McAlary described Grayson moving his head back and forth, showing rapid eye movements, and at one point lifting both legs into the air before letting them drop. He concluded that this movement was voluntary, contradicting the state’s claim that the execution was swift and painless.
“Something is going wrong,” said Spencer Hahn, Frazier’s attorney. “Every inmate who has been executed by nitrogen gas has exhibited signs of consciousness beyond the 40 seconds the state predicted.”
Alabama’s expert witness, Dr. Joseph Antognini, countered that movement does not necessarily indicate pain. He cited instances where unconscious surgical patients moved involuntarily. However, he acknowledged that he had never witnessed a double leg lift like the one seen in Grayson’s execution.
Frazier’s Michigan Ties Spark Last-Minute Plea for Transfer
Beyond the legal fight over nitrogen gas, Frazier’s supporters have made a final push to have him transferred to Michigan, where he was first convicted and sentenced to life in prison for the 1992 murder of a 14-year-old girl.
While in police custody in Michigan, Frazier confessed to a separate 1991 rape and murder in Alabama. He was later convicted in Alabama and sentenced to death. In 2011, Michigan’s governor agreed to transfer him to Alabama’s death row.
His mother, Carol Frazier, along with death penalty opponents, has now pleaded with Michigan Gov. Gretchen Whitmer to request his return.
“Please bring my son back to Michigan,” she wrote. “Please don’t let Alabama kill my son if you can stop it.”
Whitmer’s office declined to comment, and Michigan Attorney General Dana Nessel previously stated the state does not seek his return.
Judge Questions Intervention as Execution Date Nears
During the hearing, U.S. District Judge Emily Marks pressed Frazier’s legal team on why the court should intervene when previous nitrogen gas executions had been allowed to proceed. No immediate ruling was issued, but time is running out as Alabama prepares for its fourth execution using the controversial method.
If the execution moves forward, it will further test the use of nitrogen gas for capital punishment, a method that has drawn national and legal scrutiny as its effects remain widely debated.