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Death row inmates challenge new Arkansas law allowing executions by nitrogen gas
Death row inmates challenge new Arkansas law allowing executions by nitrogen gas

The Independent

time5 days ago

  • Politics
  • The Independent

Death row inmates challenge new Arkansas law allowing executions by nitrogen gas

Several Arkansas death row inmates sued the state Tuesday to block a new law allowing executions by nitrogen gas, saying the measure gives prison officials unconstitutionally broad authority to decide how they should die. Ten inmates filed the lawsuit in state court challenging the law signed this year by Republican Gov. Sarah Huckabee Sanders. Supporters have promoted the law as a way to carry out executions for the first time in eight years. Arkansas has 23 people on death row. Arkansas hasn't executed an inmate since 2017, when the state put four men to death before a drug used in its lethal injection process expired. The state has been unable to purchase more lethal injection drugs since because of manufacturers' opposition to their use in executions, the attorney general's office has said. Attorneys for the inmates argue the law violates Arkansas' constitution by giving the Division of Correction authority to decide whether to use lethal injection or nitrogen gas for an execution. The law is also unclear on details surrounding the use of nitrogen gas, the suit says. 'This leaves only questions,' including how the gas would be obtained and how it would be administered, the lawsuit said. Attorney General Tim Griffin said in a statement that his office was aware of the lawsuit and was ready to 'vigorously defend' the new law. Under the nitrogen hypoxia execution method, an inmate is forced to breathe the gas and deprived of the oxygen needed to stay alive. Opponents say the method increases suffering, citing accounts from witnesses to Alabama executions who said inmates gasped and shook during executions. State officials say those are involuntary movements associated with oxygen deprivation. Arkansas is the fifth state to approve nitrogen gas executions. Alabama, the first state to use nitrogen gas, has carried out five executions using the method since it began last year. Louisiana staged its first in March, putting to death a man convicted of killing a woman in 1996. Two other states — Mississippi and Oklahoma — have laws allowing the method but have not used it so far. Alabama's law is being challenged in federal court. The Arkansas inmates also argue that the law cannot be applied retroactively to them, since they were sentenced to die by lethal injection. Attorneys for the inmates said the lack of details on how the state would carry out nitrogen executions raises the risk of a "gruesome and torturous execution." 'Arkansas juries explicitly sentenced our clients to execution by lethal injection – not gas – and the General Assembly cannot rewrite those verdicts to impose death by this very different and highly problematic method,' Heather Fraley, an attorney for the inmates, said in a statement. Arkansas' law took effect Tuesday, and Sanders in April said she had no timeline for resuming executions and wasn't in a rush.

Death row inmates challenge new Arkansas law allowing executions by nitrogen gas
Death row inmates challenge new Arkansas law allowing executions by nitrogen gas

Associated Press

time5 days ago

  • Politics
  • Associated Press

Death row inmates challenge new Arkansas law allowing executions by nitrogen gas

LITTLE ROCK, Ark. (AP) — Several Arkansas death row inmates sued the state Tuesday to block a new law allowing executions by nitrogen gas, saying the measure gives prison officials unconstitutionally broad authority to decide how they should die. Ten inmates filed the lawsuit in state court challenging the law signed this year by Republican Gov. Sarah Huckabee Sanders. Supporters have promoted the law as a way to carry out executions for the first time in eight years. Arkansas has 23 people on death row. Arkansas hasn't executed an inmate since 2017, when the state put four men to death before a drug used in its lethal injection process expired. The state has been unable to purchase more lethal injection drugs since because of manufacturers' opposition to their use in executions, the attorney general's office has said. Attorneys for the inmates argue the law violates Arkansas' constitution by giving the Division of Correction authority to decide whether to use lethal injection or nitrogen gas for an execution. The law is also unclear on details surrounding the use of nitrogen gas, the suit says. 'This leaves only questions,' including how the gas would be obtained and how it would be administered, the lawsuit said. Attorney General Tim Griffin said in a statement that his office was aware of the lawsuit and was ready to 'vigorously defend' the new law. Under the nitrogen hypoxia execution method, an inmate is forced to breathe the gas and deprived of the oxygen needed to stay alive. Opponents say the method increases suffering, citing accounts from witnesses to Alabama executions who said inmates gasped and shook during executions. State officials say those are involuntary movements associated with oxygen deprivation. Arkansas is the fifth state to approve nitrogen gas executions. Alabama, the first state to use nitrogen gas, has carried out five executions using the method since it began last year. Louisiana staged its first in March, putting to death a man convicted of killing a woman in 1996. Two other states — Mississippi and Oklahoma — have laws allowing the method but have not used it so far. Alabama's law is being challenged in federal court. The Arkansas inmates also argue that the law cannot be applied retroactively to them, since they were sentenced to die by lethal injection. Attorneys for the inmates said the lack of details on how the state would carry out nitrogen executions raises the risk of a 'gruesome and torturous execution.' 'Arkansas juries explicitly sentenced our clients to execution by lethal injection – not gas – and the General Assembly cannot rewrite those verdicts to impose death by this very different and highly problematic method,' Heather Fraley, an attorney for the inmates, said in a statement. Arkansas' law took effect Tuesday, and Sanders in April said she had no timeline for resuming executions and wasn't in a rush.

Alabama sets nitrogen execution for man convicted of killing store clerk during 1997 robbery
Alabama sets nitrogen execution for man convicted of killing store clerk during 1997 robbery

Yahoo

time05-07-2025

  • Yahoo

Alabama sets nitrogen execution for man convicted of killing store clerk during 1997 robbery

MONTGOMERY, Ala. (AP) — Alabama has scheduled a September execution by nitrogen gas for a man convicted of killing a convenience store clerk during a 1997 robbery. Alabama Gov. Kay Ivey set a Sept. 25 execution date for Geoffrey Todd West. West, now 49, is on the death row for killing Margaret Parrish Berry. Prosecutors said West drove to Harold's Chevron in Attalla with plans to rob the store where he once worked. Berry, 33, was shot in the back of the head while lying on the floor behind the counter, prosecutors said. Court records state that $250 was taken from a cookie can that held the store's money. A jury convicted West of capital murder and voted 10-2 to recommend a death sentence. A judge adopted the jury's recommendation and sentenced West to death. Etowah County Circuit Judge William Cardwell during the 1999 sentencing said it was difficult to order the execution of a young man but said the shooting death was 'clearly deliberate and intentional, carried out execution style.' Prosecutors also charged West's girlfriend with the slaying. She pleaded guilty and was sentenced to 35 years in prison. Alabama last year became the first state to carry out an execution with nitrogen gas, a method that involves pumping nitrogen through a face mask and depriving the inmate of oxygen. The method has now been used in six executions — five in Alabama and one in Louisiana. Alabama has scheduled another nitrogen execution in August. West was one of several Alabama inmates who selected nitrogen as their preferred execution method after state lawmakers authorized the method. He made the selection before Alabama developed procedures for the method.

Alabama sets nitrogen execution for man convicted of killing store clerk during 1997 robbery
Alabama sets nitrogen execution for man convicted of killing store clerk during 1997 robbery

The Independent

time03-07-2025

  • The Independent

Alabama sets nitrogen execution for man convicted of killing store clerk during 1997 robbery

Alabama has scheduled a September execution by nitrogen gas for a man convicted of killing a convenience store clerk during a 1997 robbery. Alabama Gov. Kay Ivey set a Sept. 25 execution date for Geoffrey Todd West. West, now 49, is on the death row for killing Margaret Parrish Berry. Prosecutors said West drove to Harold's Chevron in Attalla with plans to rob the store where he once worked. Berry, 33, was shot in the back of the head while lying on the floor behind the counter, prosecutors said. Court records state that $250 was taken from a cookie can that held the store's money. A jury convicted West of capital murder and voted 10-2 to recommend a death sentence. A judge adopted the jury's recommendation and sentenced West to death. Etowah County Circuit Judge William Cardwell during the 1999 sentencing said it was difficult to order the execution of a young man but said the shooting death was 'clearly deliberate and intentional, carried out execution style.' Prosecutors also charged West's girlfriend with the slaying. She pleaded guilty and was sentenced to 35 years in prison. Alabama last year became the first state to carry out an execution with nitrogen gas, a method that involves pumping nitrogen through a face mask and depriving the inmate of oxygen. The method has now been used in six executions — five in Alabama and one in Louisiana. Alabama has scheduled another nitrogen execution in August. West was one of several Alabama inmates who selected nitrogen as their preferred execution method after state lawmakers authorized the method. He made the selection before Alabama developed procedures for the method.

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