Lawyers for an inmate who is soon set to die in Alabama are arguing he should be executed by the state’s newly approved, but not yet tested, nitrogen hypoxia method.
Read more: Family of Alabama inmate sues state, claims Joe Nathan James Jr. unconscious before execution
An updated, redacted version of the department’s lethal injection protocol, attached to Barber’s lawsuit, shows the IV team will have “more professionals” who “shall be currently certified or licensed within the United States.” The redacted protocol does not specify which license must be held. While the rule change allows the governor to set the “time frame” for executions, no specific amount of time that would be legally allowed has been disclosed.
“If the Governor intends to give ADOC 48 hours, a week, or even a month to try to find an inmate’s vein, the Court needs to know what measures ADOC’s new execution protocol imposes to ensure that the person being executed does not experience unconstitutional pain and suffering during that time.
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