Alabama sets November date for third nitrogen execution
MONTGOMERY, Ala. — Alabama’s governor has set a Nov. 21 execution date for what is scheduled to be the nation’s third death sentence carried out by nitrogen gas. Kay Ivey set the execution date for Carey Dale Grayson, 49, after the Alabama Supreme Court last week ruled that it could take place. While Alabama Attorney General Steve Marshall described the execution as “textbook,” lawyers for inmates said it was the antithesis of the state’s prediction that nitrogen would provide a quick and humane death. His attorneys argued the method causes unconstitutional levels of pain and that Smith showed signs of “conscious suffocation.” Matt Schulz, an assistant federal defender who is representing Grayson, last week said they are disappointed that the execution was authorized before the federal courts “have had a chance to review Mr. Grayson’s challenge to the constitutionality of Alabama’s current nitrogen protocol.” Earlier this month, Miller reached a “confidential settlement agreement” with the state to end his lawsuit over the specifics of the state’s nitrogen gas protocol.
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