Skip to main content

Alabama | AG opposes death row inmate’s request to die on nitrogen

ALABAMA (WHEN) – A convicted Madison County murderer who is scheduled to be executed in July has filed a petition to be executed by nitrogen hypoxia instead of lethal injection.

The Alabama Attorney General recently objected to his motion, saying it was “time-barred,” unfounded, and contrary to the public interest.

James Barber was arrested in the 2001 death of 75-year-old Dorothy Epps. He was charged with murder, the murder being committed in the course of the robbery or attempted robbery at Epps, and Barber eventually confessed to authorities after his arrest.

Barber was convicted in 2004 and a Madison County jury recommended by an 11-to-1 vote that he be sentenced to death. May 2 in the Alabama Supreme Court issue a death sentence for Barber, authorizing the state to carry out his execution anytime after June 2.

Governor Ivey announced May 30th She set the time frame for Barber’s execution. The 30-hour timeframe is scheduled to begin at midnight on Thursday, July 20 and end at 6 a.m. on Friday, July 21.

Barber’s attorneys filed a lawsuit in the Alabama Middle District Court in late May, asking a federal court to stop his execution and rule that he should die only of nitrogen hypoxia. The lawsuit describes the method as a “readily available alternative.”

Nitrogen hypoxia — or death by replacing oxygen with pure nitrogen — has been legalized for executions by Alabama and two other states, but has never been used by any state. The method was approved in 2018, and this summer death row inmates were given a 30-day window to elect to be executed by nitrogen hypoxia.

At the time, Barber did not choose to be executed by nitrogen. But now Barber’s attorneys have requested that he be executed using the “approved” but untested method because the Alabama Department of Corrections has not yet established a definitive method or procedure for conducting executions under nitrogen.

In the filing, Barber’s lawyers say the team laying the lethal IV lines was not qualified or adequately trained, and called the recent failed executions “botched.” The lawsuit alleges that the lethal injection would expose Barber to “cruel and unusual punishment” because the staff lacked the expertise required to perform this method of execution.

Barber’s call for a different method of execution comes after Alabama Gov. Kay Ivey stayed executions last November to conduct a “top-down” review. The “effective moratorium” came after the execution attempt Kenneth Eugene Smith, It was the state’s second failure to administer a lethal injection in two months and the third failed failure to administer a lethal injection since 2018.

During the review of the execution process, Governor Ivey said requested an amendment by the Alabama Supreme Court that would extend the time limits for writs of execution. On January 13, 2023, The Alabama Supreme Court changed court rules to give the Alabama governor the power to decide how long the state’s executioners can try to end an inmate’s detentione.g. After the review, Ivey announced in February 2023 that the state would proceed with the execution of death row inmates.

Alabama Attorney General Steve Marshall filed an “Opposition Statement” against Barber’s request on June 20, stating, “Barber has not, and cannot, show any prospect of success in the matter, and granting the relief sought would be contrary to the public interest.”

The opposition says Barber’s request is statute-barred because Alabama inmates like him who contest the method of execution used to carry out their sentences must file a complaint within two years of the completion of their direct trial. It also said Barber had failed “to identify any relevant change in the protocol within the 24 months prior to the filing of his complaint.”

Earlier, the US Circuit Court of Appeals for the Eleventh Circuit ruled that the law allowing executions by nitrogen hypoxia meant the method was “readily available” and that it was The US Supreme Court upheld the ruling.

An ADOC representative then sent a statement On September 15, an affidavit was filed regarding death row inmate Alan Miller would not be performed by nitrogen hypoxia. The statement said that ADOC would need thorough training before nitrogen hypoxia could be used in an execution:

“The Alabama Department of Corrections has completed many of the preparations required to conduct executions by nitrogen hypoxia. The protocol for performing runs using this method is not yet complete. Once the nitrogen hypoxia protocol is complete, ADOC personnel will need sufficient time to receive thorough training before an execution can be carried out using this method.” — Alabama Correctional Authority

In the attorney general’s objection, however, Marshall contends that any injunction “should be limited in scope to permit the execution of Barber by nitrogen hypoxia on July 20, 2023” if the court decides that Barber’s request is well founded.

If the federal court rules that Barber can only be executed by nitrogen hypoxia, Alabama could be the first state to use that method of execution.

Source: worldtimetodays.com, Laura Coffey, June 27, 2023


_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:












HELP US KEEP THIS BLOG UP & RUNNING!



"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)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

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. 

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

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.

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.