Skip to main content

Nebraska | Opponents of death penalty decry proposal to use nitrogen gas for executions

They claim it’s ‘untested, dangerous and inhumane,’ while a proponent calls it ‘painless’ and not subject to shortages

LINCOLN — A proposal to use nitrogen gas to carry out executions in Nebraska brought out a parade of opponents to capital punishment on Wednesday.

Opponents, ranging from the ACLU of Nebraska to the Nebraska Nurses Association, called using suffocation via nitrogen gas “untested, dangerous and explicitly inhumane” during a public hearing before the Legislature’s Judiciary Committee.

They pointed out that even the American Veterinary Medicine Association has ruled out nitrogen hypoxia in euthanizing pets because “animals may experience distressing side effects before loss of consciousness.”

Almost every opponent said that adopting a different method of execution — one billed as “painless” — wouldn’t change their opposition to capital punishment.

“Nebraska’s history with the death penalty has been a saga long on politics, public debate, concurrent litigation, and short on results,” said Spike Eickholt, who lobbies for two anti-death penalty groups.

“There is no reason to perpetuate this saga by altering the method of execution,” he added.

Lethal injection drugs held back


State Sen. Loren Lippincott of Central City introduced the nitrogen hypoxia measure, Legislative Bill 970.

Lippincott said that capital punishment is the law in Nebraska but that because of the refusal of pharmaceutical companies to provide the drugs used in lethal injections, another method must be found.

Obtaining nitrogen gas would not be a problem, Lippincott said.

In January, Alabama used nitrogen gas for the first time in the nation to execute a convicted murderer.

Oklahoma, Mississippi and Missouri also allow nitrogen hypoxia, Lippincott said, and the states of Ohio and Louisiana are considering bills to allow it.

He compared it to “putting to sleep” a sickly pet via euthanasia.

‘As painless and humane as possible’


“My primary desire is to make it as painless and humane as possible,” Lippincott said.

He read a letter of support for the procedure from the Alabama attorney general, who said it would eliminate the “guerrilla warfare” facing the various other forms of executions.

But two senators on the Judiciary Committee, Terrell McKinney of Omaha and Carol Blood of Bellevue, disputed that nitrogen hypoxia was painless.

Blood said eyewitnesses to the Alabama execution reported that the condemned inmate “gasped for air” and that his body shook and his fist clenched in the 22 minutes before he was declared dead.

McKinney, who has introduced bills to repeal the death penalty, questioned why nitrogen hypoxia should be used in executions if it had been ruled out for euthanizing pets.

Lippincott responded that it’s probably harder to fit a mask on the face of a dog or cat to administer the gas.

Study suggested first


McKinney said very little research had been done on this form of execution and asked Lippincott why he didn’t consider seeking a study of nitrogen hypoxia first.

That, the Central City senator said, would be something for the Judiciary Committee to decide.

No one testified in person in favor of LB 970. Nebraska last carried out an execution in 2018, when double-murderer Carey Dean Moore was put to death via lethal injection — the state’s first execution in 21 years.

Since then, state officials have said Nebraska lacks the drugs needed to impose capital punishment. Eleven men currently sit on death row in the state.

State lawmakers repealed the death penalty in 2015, but Nebraska voters restored capital punishment in 2016 by approving a referendum backed by then-Gov. Pete Ricketts and his family.

Among those testifying against LB 970 on Wednesday were the Nebraska Catholic Conference, Nebraskans for Peace, the League of Women Voters of Nebraska and Nebraskans for Alternatives to the Death Penalty.

Sixty-six letters of opposition to the bill were submitted, compared to two letters in favor.

The Judiciary Committee took no action on LB 970 after the public hearing. Because the bill has no priority designation from a senator or a committee, it’s doubtful it will come up for debate this year.

Source: nebraskaexaminer.com, Paul Hammel, February 28, 2024

_____________________________________________________________________










SUPPORT DEATH PENALTY NEWS





Most viewed (Last 7 days)

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Death toll in Iran protests could exceed 30,000

In an exclusive report, the American magazine TIME cited two senior officials from the Iranian Ministry of Health, who stated that the scale of the crackdown against protesters on January 18 and 19 was so widespread that 18-wheeler trailers replaced ambulances. In its report, based on testimony from these two high-ranking officials, TIME revealed statistics that differ vastly from the official narrative of the Islamic Republic.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Florida's second execution of 2026 scheduled for February

Florida’s second execution of 2026, a man convicted of killing a grocery story owner, will take place in February. Gov. Ron DeSantis signed the death warrant Jan. 23 for Melvin Trotter, 65, to die by lethal injection Feb. 24.  Florida's first execution will take place just a few weeks earlier when Ronald Palmer Heath is set to die Feb. 10. Trotter was convicted of first-degree murder and sentenced to death in 1987 for strangling and stabbing Virgie Langford a year earlier in Palmetto. 

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.