Alabama prison system said nitrogen hypoxia not ready, despite comment by AG’s office

MONTGOMERY, Ala. (AP) — The Alabama prison system said Monday that it is not ready to carry out executions by nitrogen hypoxia despite a remark by the attorney general’s office suggesting the untested method could be used next month.

The Alabama Department of Corrections said the state has done many of the preparations, but it is not ready to use the untested execution method.

“The protocol for carrying out executions by this method is not yet complete. Once the nitrogen hypoxia protocol is complete, ADOC personnel will need sufficient time to be thoroughly trained before an execution can be conducted using this method,” the department said in an emailed response.

Corrections Commissioner John Hamm, speaking to reporters after a legislative committee meeting, referred questions about the protocol to the attorney general’s office. “You’d have to ask the AG’s office on the actual protocol,” Hamm said.

The attorney general’s office last week seemed to suggest the state was ready. The comment came in a court filing opposing efforts to block James Barber’s lethal injection next month. Lawyers for Barber argued the state has a history of problematic lethal injections and he should be allowed to choose execution by nitrogen hypoxia, a method the state has authorized but never used.

“In this case, such an injunction should be limited in scope so as to permit Barber’s July 20, 2023, execution to be conducted by nitrogen hypoxia,” lawyers for the Alabama attorney general’s office wrote in the June 20 federal court filing.

The attorney general’s office did not respond to an email seeking comment. However, Barber’s lawyers said the attorney general’s office acknowledged in a Monday email that the “protocol has not been finalized.”

Nitrogen hypoxia is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions. Alabama in 2018 became the third state — along with Oklahoma and Mississippi — to authorize the untested use of nitrogen gas to execute prisoners. No state has used nitrogen hypoxia to carry out a death sentence.

Barber was convicted of the 2001 beating death of 75-year-old Dorothy Epps. Prosecutors said Barber, a handyman who knew Epps’ daughter, confessed to killing Epps with a claw hammer and fleeing with her purse. Jurors voted 11-1 to recommend a death sentence which a judge imposed.

It is the first execution scheduled in the state as Alabama attempts to resume lethal injection following a series of troubled executions. Gov. Kay Ivey paused executions last year to conduct an internal review of procedures.

U.S. District Judge R. Austin Huffaker, Jr. last year ordered the state to disclose the status of nitrogen hypoxia after the attorney general’s office dangled the possibility of being ready to become the first state to attempt an execution with nitrogen hypoxia. The state later told the judge that the method was not yet finished.

Source: The Associated Press, Staff, June 28, 2023

_____________________________________________________________________

FOLLOW US ON:

CONTACT: deathpenaltynews@gmail.com

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

— Oscar Wilde

Alabama executes Jeremy Williams

Tennessee and Oklahoma have put inmates to death within 30 minutes of each other, and Alabama followed suit hours later as U.S. states executed three men in one day. Tennessee and Oklahoma put inmates to death within 30 minutes of each other Thursday, and Alabama followed suit hours later as U.S. states executed three men by lethal injection in one day for the first time since 2010. The Tennessee man was executed for killing a maid at a motel in 1985, and the Oklahoma man for killing his girlfriend in 2003. In Alabama, a man was put to death Thursday evening for killing a 5-year-old girl he had paid her mother to abuse.

Tennessee executes Darrell Hines

The state has spent millions of dollars over decades to execute a seriously ill man who was already incarcerated. The state of Tennessee executed death row inmate Darrell Hines Thursday morning, according to an advocacy group. No formal announcement of the execution has been issued by state leaders yet. The execution was slated for 10 a.m. Thursday at Riverbend Maximum Security Institution in Nashville. [DPN update] Hines was pronounced dead at 10:43 a.m. CDT. His last meal was fried chicken, mashed potatoes and gravy, coleslaw, corn, fries, biscuits, a chicken sandwich, chocolate chip cake, and sweet tea.

Alabama Set To Carry Out Execution This Week

Alabama is preparing to execute Jeremy Williams, who pled guilty to the 2021 rape and murder of five-year-old Kamarie Holland. The execution is scheduled for Thursday (August 13) at the Holman Correctional Facility in Atmore, Alabama. Williams, who is 41, requested the death penalty and waived his right to appeal, making this the first execution in Alabama this year.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country. Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester. He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument. Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said.

Tennessee set to execute Anthony Darrell Hines

Barring any last-minute interventions, the Tennessee Department of Correction will execute Anthony Darrell Hines by lethal injection at Riverbend Maximum Security Institution in Nashville Thursday morning. This week, two courts had the opportunity to halt the execution: the federal court in Middle Tennessee and the U.S. Supreme Court. Gov. Bill Lee announced Tuesday he personally would not prevent the execution. “After deliberate consideration of Anthony Darrell Hines’ request for clemency, and after a thorough review of the case, I am upholding the sentence of the State of Tennessee and do not plan to intervene,” he said in a written statement. The U.S. Supreme Court has not granted a stay or reprieve.

Tennessee | The doctor who helps put prisoners to death

Dr. Mark Fowler assisted in the failed execution of a Tennessee prisoner. Physicians are meant to heal patients—why is he working in the death chamber? Mark Fowler, a physician with 25 years’ experience, stepped beneath the bright lights and approached the middle-aged man lying on a gurney. Around him, people in medical gowns prepared needles and sterile tubing. It had all the appearances of a hospital setting. Fowler had been called in to help establish an IV line through which the 57-year-old man, Tony Carruthers, would be injected with pharmaceutical drugs. The team had struggled to find a vein, so Fowler was summoned to set a central line—an intravenous catheter inserted into the major vein below the collarbone.

Iran’s War on Women: Executions, Floggings, and the Politics of Fear

The Iranian regime is increasingly using death sentences, corporal punishment, and judicial persecution against women—not only to silence dissent but also to intimidate a society demanding change. The Iranian regime has long viewed women as central to the country’s struggle for freedom—and therefore as central targets of repression. The nationwide uprising of 2022 fundamentally altered the political landscape, demonstrating that Iranian women were no longer merely participants in protest movements but among their principal organizers and symbols. Since then, the authorities have steadily intensified their campaign against women, expanding the use of executions, imprisonment, corporal punishment, and judicial intimidation.

The 'Black Widow' shakes Iran: 10 death sentences for a serial killer who killed 12 men

Kolthum Akbari, an Iranian woman widely dubbed the “Black Widow,” was convicted of serial murders of elderly men she married, often temporarily. Official accounts generally center on 11 murders (plus one attempted murder), though Akbari herself gave varying figures and investigations suggested she had many more marriages. The sentencing occurred primarily in September 2025 in Mazandaran Province, with ongoing reporting and updates into 2026. The 56- to 59-year-old killer confessed to killing at least 11 elderly men after temporarily or officially marrying them; Iranian authorities have linked her to additional marriages and possible further victims.

Arizona prosecutors seek death penalty a second time for 2 inmates

County Attorney Brad Miller said Aug. 6 that the nature of the attack and both men's past criminal records meet the strict legal bar required for execution under Arizona law. FLORENCE, Ariz. - Pinal County prosecutors are seeking the death penalty against two inmates accused of violently killing a fellow prisoner behind bars, officials announced Thursday. Pinal County Attorney Brad Miller filed a Notice of Intent to Seek the Death Penalty against Pete Van Winkle and Tracy Hampton in connection with the fatal attack on Kenneth Thompson.

Iran | Executions in Tabriz, Zanjan, Qazvin

Iranian authorities executed at least three prisoners, including two Turks, identified as Amrollah Dousti, Hojjat Khayat, and Yousef Bagheri, in Tabriz and Zanjan Central Prisons. Dousti and Khayat were executed on drug-related charges, while Bagheri was executed for “premeditated murder.” According to information received by the Hengaw Organization for Human Rights, Dousti, 40, from Bandar Abbas and a father of two, and Khayat, 51, from Tabriz and a father of three, were executed in Tabriz Central Prison on Sunday, August 9, 2026.

Death Penalty News

Search This Blog