In a significant legal development, Louisiana death row inmate Jessie Hoffman Jr. is contesting the use of nitrogen gas for his execution, scheduled to be the first of its kind in the state.
Hoffman, convicted for the 1996 murder of Mary Elliott, is set to be executed on March 18. His attorneys are challenging the state’s decision to use nitrogen hypoxia, claiming it constitutes cruel and unusual punishment in violation of the U.S. Constitution. The case was presented in a federal court in Baton Rouge, where Hoffman’s legal team argued that the method also infringes on Hoffman’s religious practices. They highlighted his commitment to Buddhist breathing and meditation exercises, which they argue cannot be reconciled with the execution method.
The attorneys further contended that the use of an industrial, full-face mask during the process could exacerbate Hoffman’s post-traumatic stress disorder and claustrophobia, leading to severe psychological distress. The opposition is rooted in the lack of transparency in the execution protocol, with Hoffman’s legal team noting that they are not included in the list of required witnesses for the execution.
Alternative methods such as death by firing squad or medical aid in dying, which involves ingesting a drug solution, are suggested by Hoffman’s attorneys as more humane alternatives. Currently, Louisiana law permits execution by nitrogen hypoxia, lethal injection, and electrocution. However, procuring drugs for lethal injection has been fraught with legal challenges, prompting the consideration of nitrogen hypoxia as a viable option.
Republican officials in Louisiana, including Governor Jeff Landry and Attorney General Liz Murrill, argue that the state must fulfill the promise of justice to the victims’ families. They underscore the approval and perceived painlessness of nitrogen hypoxia, referencing its successful implementation in Alabama. Alabama has executed four inmates using this method, and Louisiana plans to follow a similar protocol.
Media witnesses in Alabama have reported involuntary movements such as shaking and gasping during executions by nitrogen hypoxia, sparking further debate about the method’s humaneness. Louisiana last executed an inmate 15 years ago using lethal injection, and with recent legislative changes, the state is preparing to restart executions using nitrogen.
Hoffman’s case has drawn additional attention due to Louisiana’s legislative developments last year, which included nitrogen hypoxia as an approved execution method. The state’s approach mirrors Alabama’s protocol, involving strapping the inmate to a gurney and administering pure nitrogen gas through a mask, leading to oxygen deprivation.
As Louisiana prepares to potentially carry out its first nitrogen-induced execution, the legal and ethical debates around this method continue to unfold. The outcome of Hoffman’s legal challenges could set a precedent for future cases, highlighting the ongoing struggle between legal processes and the quest for humane treatment in capital punishment.