Skip to main content

Alabama’s Execution of Matthew Reeves Signals Methods of Execution Mess in the U.S.

On Thursday the United States Supreme Court gave Alabama the go-ahead to execute Matthew Reeves, an intellectually disabled death row inmate. His execution was carried out by lethal injection just a few hours later, even though Reeves wanted to be put to death by nitrogen hypoxia.

It’s hard to know which is worse: that they executed an intellectually disabled man in the first place or that they ignored his wish to avoid dying by lethal injection.

The state actually gave him and everyone else on the state’s death row that grotesque choice in a kind of “speak now or forever hold your peace” ritual. Last June, all of them were marched out of their cells and into the prison yard at Alabama’s William C. Holman Correctional Facility.

There they heard a surprising presentation. They were told that they could take advantage of a law enacted in March, 2018 authorizing nitrogen hypoxia as an execution method. They could thus choose the method the state would use to kill them.

If they wanted to opt for nitrogen hypoxia, they had to inform the prison warden “in writing.”

Last week Alabama announced that it expects to be able to start executing the death row inmates who chose nitrogen suffocation “within months.”

How did we get to the point where death row inmates could face the cruel choice that was offered to Reeves and others in the Holman prison yard? And what does it indicate about methods of execution in this country?

The short answer to both of these questions is that the U.S. is in a methods of execution mess unlike any in its history.

The major method of execution in use today, lethal injection, has encountered countless problems and left states scurrying to both keep it going and identify other methods of execution in case they are unable to do so.


On the June day when Reeves was offered his choice, it was not clear whether officials were in fact required even to notify the people on death row about their right to opt out of dying by lethal injection.

Nevertheless, Cynthia Stewart, the Holman warden, did so anyway. She ordered that each death row inmate be given a form to indicate their preferred execution method. If they did not fill out or return it, they would waive the choice of nitrogen hypoxia.

Death row inmates were told they had five days to return the request form if they wanted to avoid execution by lethal injection. But the form they were given was almost incomprehensible because of its dense legalese.

Because of his intellectual disability, Reeves did not understand what he was being asked to do. He ultimately sued, claiming that the state had failed to discharge its duty to provide a reasonable accommodation for him under the Americans with Disabilities Act.

During most of our history, Reeves would have had no such choice. Until recently, states used only one execution method at a time.

In the earliest years of the Republic, hanging was the predominant method used by governments and by vigilantes alike. But after a series of gruesome botched hangings in the late 19th century, most states turned away from it and adopted first the electric chair and then the gas chamber. Utah was an outlier in its use of the firing squad.

In the mid-20th century, history repeated itself with another string of botched executions, only this time it was both electrocution and gassing that came under critical scrutiny.

In 1977, Oklahoma became the first state to give up the electric chair in favor of lethal injection. Five years later Texas was the first state to use it, when it put Charles Brooks, Jr. to death.

From then to 2010, lethal injection was the execution method of choice in death penalty states across the country. In addition, every lethal injection during that period was carried out using the same three-drug cocktail: sodium thiopental to anesthetize the inmate, pancuronium bromide to paralyze them, and potassium chloride to stop their heart.

Since then, the lethal injection paradigm has come undone as drug shortages have forced states to experiment with previously untested drugs and drug combinations. By the end of 2020, states had used at least ten distinct drug protocols in their executions. Some were used multiple times, while some were used just once. The traditional three-drug protocol has been all but forgotten.

With its retreat, the already high incidence of botched lethal injections has increased further.

Still lethal injection remains the primary execution method in all but one death penalty state, but many of them also have revived previously discredited methods of execution or turned to new and untested ones like nitrogen hypoxia.

In 2021, South Carolina became the first state to depart from using lethal injection as its primary execution method. It is the only state in which electrocution plays that role, with firing squad and lethal injection, authorized by statute as secondary methods of execution.

Today eight states (Alabama, Arizona, Florida, Kentucky, Mississippi, Oklahoma, South Carolina, and Tennessee) include the electric chair among their available methods of execution. Seven states (Alabama, Arizona, California, Mississippi, Missouri, Oklahoma, and Wyoming) allow for the use of lethal gas. One, New Hampshire, still permits hanging. And four states (Mississippi, Oklahoma, South Carolina, and Utah) now authorize the firing squad as an alternative to lethal injection.

In most of those states, the alternatives are available only if lethal injection is declared unconstitutional or is otherwise unavailable.

But six states (Arizona, California, Florida, Kentucky, South Carolina, and Tennessee) in addition to Alabama allow death row inmates to choose an execution method.

While the Supreme Court’s cavalier dismissal of Reeve’s case was shocking, given the embrace of capital punishment by its conservative members, it was not surprising. The Court has contributed mightily to the current methods of execution mess by giving states wide latitude in deciding how to kill people. Going back to the late 19th century, it has never confronted a method of execution of which it didn’t approve.

In a series of cases starting in 2007, the Court has given its blessing to lethal injection and refused to say whether any drugs and drug combinations would not pass constitutional muster.

Chief Justice John Roberts and Justices Neil Gorsuch and Clarence Thomas in particular have led the way in telling a comforting, if distorted, story of progress about America’s methods of execution. As they tell it, that story reveals the sincere commitment of death penalty states to provide ever more “humane” treatment of death row inmates.

The truth is that the words humane and execution do not belong in the same sentence, no matter what method is used when the state kills.

There was certainly nothing humane about the choice that Matthew Reeves faced last June in the Holman prison yard, a choice between being strapped to a gurney while lethal chemicals paralyzed him and stopped his heart, or suffocating while he inhaled noxious gas.

And there was certainly nothing humane about the Court’s indifference to whether he could even understand the horrible choice that was offered to him.

Source: verdict.justia.com, Austin Sarat, January 31, 2022. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Alabama | Brian Martin sentenced to death in killing of Sheffield Sgt. Nick Risner

Brian Lansing Martin was sentenced to death Monday for killing Sheffield Police Sgt. Nick Risner, whose death prompted Alabama lawmakers to restrict early-release credits for inmates convicted of killing someone with a deadly weapon. A Colbert County judge formally imposed the sentence Oct. 26, following a jury’s unanimous recommendation in September, WAFF reported. “Today’s sentence represents justice and accountability for the murder of Sergeant Nick Risner,” Colbert County District Attorney Hal Hughston said in a statement quoted by the station.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements. 

François Mitterrand, the Justice Minister Who Sent 45 Men to the Guillotine

The socialist president celebrated for abolishing the death penalty in France sent 45 condemned men to the guillotine when he was Minister of Justice. In French political history, François Mitterrand is the father of the historic victory of May 1981. He remains associated with one of the greatest moral laws of the Fifth Republic: the definitive end of capital executions, carried through with Robert Badinter in the autumn of 1981.

Florida | Bunnell man sentenced to death for fatally stabbing wife outside their home in 2024

A Flagler County judge sentenced Jermaine Mandell Williams Sr. to death Monday for stabbing his wife outside their Bunnell home in 2024.  Williams, 34, was convicted of 1st-degree murder in July. Jurors deliberated about 20 minutes before finding him guilty and later voted 11-1 to recommend the death penalty.  The attack happened Aug. 2, 2024. Surveillance video and testimony showed Williams went inside the home, returned with an 8-inch chef’s knife and attacked his wife, Yolonda Charmaine Williams, in the street, according to court and prosecution accounts. She was stabbed 19 to 20 times and later died at a hospital. 

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Medical experts shocked by Tennessee team’s ‘malpractice’ in Christa Pike’s failed execution

New details of IV team’s attempts to find a vein shared by Pike’s lawyer ‘shocked and disturbed’ practitioners Medical experts have expressed shock at the apparent incompetence shown by Tennessee’s execution team during the failed lethal injection of Christa Pike , the prisoner who survived a normally fatal dose of pentobarbital, which they say would be considered medical malpractice in any other setting.

Saudi Arabia executes woman, 'terrorists', 'indecent' couple, and juvenile offenders

Saudi Arabia carried out a series of executions in mid-October, including that of a woman convicted of killing her mother and attempting to kill her sister, alongside five men in the Eastern Province. Official statements described the five as terrorists; human rights groups described them as political prisoners sentenced under discretionary (ta’zir) penalties, one of whom was a child at the time of the alleged acts. The cases illustrate the kingdom’s continued use of the death penalty under Sharia, its stated commitment to public order and justice, and criticism from human rights organizations over the scope of capital punishment.

Iraqi court sentences seven French ISIS members to prison

Verdicts are first issued for group of 47 French citizens handed over from Syria An Iraqi court on Tuesday sentenced seven French ISIS members to prison in the first verdicts of a trial involving 47 of the country's citizens transferred from Syria, handing down sentences under terrorism laws. The court sentenced six people to 20 years in prison, and one was jailed for 15 years.