Attorneys argued the person experiences ‘conscious suffocation’ and that the first two nitrogen executions did not result in swift unconsciousness and death as the state promised.
‘You certainly will have a sense of the absence of oxygen, air hunger, and all of the panic and discomfort that is part and parcel of that way of dying.’
A shortage of lethal injection drugs has forced Louisiana and other states to consider other methods, including firing squads.
In January, Alabama used nitrogen gas to execute Kenneth Smith. Smith shook and convulsed in seizure-like movements for several minutes on a gurney as he was put to death Jan. 25.
Alabama said nitrogen gas would remain an option, but that lethal injection would also remain in use and it would be up those on death row whether they wanted to die by nitrogen gas or lethal injection.
Over the past couple of decades, executions in the United States have reduced — in part because of legal battles, a shortage of lethal injection drugs that is used as the primary method for capital punishment.
Lawmakers are hoping to get tough on crime, while offering some protections for law enforcement officers.
The execution is scheduled to begin at 6 p.m. local time but could be delayed until because of legal action or preparation.
