BATON ROUGE, La. (AP) — A death row inmate in Louisiana who is scheduled to become the first person in the state to be executed using nitrogen gas has asked for his capital punishment to be carried out using a more “humane” method.
Attorneys for Jessie Hoffman Jr. argued against the capital punishment method of nitrogen hypoxia in a Baton Rouge federal court on Friday.
The hearing occurred a week after Hoffman filed a lawsuit seeking to block his March 18 execution date, when nitrogen will be pumped into a mask strapped onto Hoffman, who was convicted of the 1996 execution-style murder of Mary Elliott in New Orleans.
Among their arguments, Hoffman’s attorneys said nitrogen hypoxia is cruel and unusual punishment under the U.S. Constitution and infringes on Hoffman’s freedom to practice his religion, specifically Buddhist breathing and meditation exercises. They also argued the method, which involves an industrial, full-face mask, will ignite and worsen his diagnosed post-traumatic stress disorder and claustrophobia, causing mental torture.
The execution protocol lacks transparency, they argued, noting that under the policy Hoffman’s attorneys do not fall under the list of “required witnesses” to the execution.
Death by firing squad and medical-aid in dying, taking an oral solution of drugs mixed with apple juice, are alternative execution methods that would be more “humane,” Hoffman’s attorneys said.
The only execution methods for carrying out capital punishment listed in Louisiana law are nitrogen hypoxia, lethal injection and electrocution. For nearly two decades, the state has faced legal battles and challenges procuring drugs for lethal injection.
Attorneys for the state say nitrogen hypoxia has proven to be successful in Alabama, noting the method is seemingly painless and an approved method under Louisiana law.
Additionally, Republican officials including Gov. Jeff Landry and Attorney General Liz Murrill say the state is long overdue in delivering justice that has been promised to the families of victims.
The last execution in Louisiana was 15 years ago, when the state used lethal injection to put to death Gerald Bordelon.
After Louisiana’s Republican-dominated Legislature added nitrogen hypoxia to the list of methods to carry out capital punishment last year, officials saw a path to resume executions.
Murrill told The Associated Press last month that she expects at least four people will be executed this year. There are 56 inmates on Louisiana’s death row.
Louisiana is following in the footsteps of Alabama, which has executed four people with nitrogen gas. If Hoffman’s capital punishment is carried out as scheduled, Louisiana will become the second state to use the method.
Officials say Louisiana’s execution protocol is nearly identical to Alabama, where an inmate is strapped to a gurney and forced to breathe pure nitrogen gas through a mask placed on their face, depriving them of oxygen.
Each inmate put to death using nitrogen in Alabama has appeared to shake and gasp to varying degrees during their executions, according to media witnesses, including the AP.
The reactions are involuntary movements associated with oxygen deprivation, state officials have said.
