Louisiana Prepares For First Nitrogen Gas Execution Amid Legal Battles

Jessie Hoffman's attorneys race against time to halt the historic execution, raising questions about justice and human rights

BATON ROUGE, La. -- Attorneys for Louisiana death row inmate Jessie Hoffman Jr. are mounting last-minute efforts to halt his scheduled execution using nitrogen gas, set to occur on Tuesday evening, March 18, 2025. This execution would mark both Louisiana's first nitrogen gas execution and the fifth such execution in the United States, raising significant legal and ethical questions surrounding this controversial method.

Hoffman, 46, is facing execution for the 1996 murder of Mary “Molly” Elliott, a 28-year-old advertising executive from New Orleans. His attorneys argue the nitrogen gas method is unconstitutional, violating the Eighth Amendment's prohibition against cruel and unusual punishment. They also contend it infringes upon Hoffman's Buddhist religious practices, particularly his breathing and meditation rituals.

Legal battles intensified this month, prompting Hoffman's legal team to seek intervention from the United States Supreme Court. After previous court actions failed to halt the execution, the Louisiana judge issued a temporary restraining order preventing the execution, set to expire at 10:30 AM EST on the same day as the scheduled execution. This tight timeline has left attorneys racing against the clock as the execution is planned for later in the evening.

Attorney General Liz Murrill, advocating for the execution, has stated, “justice will finally be served” for the families of victims after over 15 years without executions in Louisiana. Murrill anticipates at least four inmates to be executed this year as Louisiana moves forward with its controversial death penalty methods.

The state's approach to nitrogen gas execution is unprecedented. Nitrogen gas will be infused through a mask fitted tightly to Hoffman's face, depriving him of oxygen and inducing death by asphyxiation. Critics, including Hoffman's attorneys, argue this technique could lead to suffering. Reports from four nitrogen gas executions conducted previously in Alabama cited involuntary movements and apparent distress among the inmates, raising concerns about the pain it may cause during the process.

Currently, only Alabama, Louisiana, Mississippi, and Oklahoma authorize execution by nitrogen hypoxia. Alabama first executed Kenneth Eugene Smith using this method last year, marking its introduction as the latest execution technique since the adoption of lethal injection.

Hoffman's legal challenges are compounded by his history. At the time of the crime, he was just 18. He kidnapped Elliott at gunpoint, forced her to withdraw $200 from an ATM, and eventually raped and murdered her. His actions on November 27, 1996, led to his conviction, yet Hoffman has expressed deep remorse for his crime, desiring to apologize to Elliott’s family directly before his execution.

Described by his attorney as someone who has experienced extreme trauma and abuse throughout his life, Hoffman’s circumstances raised questions about potential rehabilitation and transformation. His attorney, Cecelia Kappel, stated, “He was physically and mentally tortured through child abuse and wasn’t helped out by social services.” Hoffman's transformation to Buddhism 20 years ago has been cited as part of his healing process.

Molly Elliott's husband, Andy Elliott, has expressed indifference toward the death penalty versus life imprisonment, stating, “his death will not provide closure.” He emphasizes the importance of finality for families who have lived with the pain of the tragedy for nearly three decades. “That’s not closure, but it’s the best we can hope for,” he said, highlighting the enduring pain stemming from his wife's brutal murder.

Legal proceedings continue to be dynamic as the state moves forward with preparations for the execution, but there remains uncertainty about whether Hoffman's execution will proceed as planned. A hearing set for the same day as his execution could lead to last-minute interventions and potential legal reprieve.

With such high stakes, the case has attracted considerable attention, not only focusing on the crime Hoffman's committed but also on the ethicality of nitrogen gas executions and their implementation amid concerns for human rights and the legal system's integrity.

While Louisiana stands poised to adopt this new method, the potential ramifications are still uncertain, leading to broader discussions about the future of the death penalty and the methods employed within the state corrections system.

The outcome of Hoffman's case will send ripples across the legal system and influence how similar cases are managed, leaving advocates and opponents of the death penalty watching closely as this unprecedented execution approaches.

Anti-death penalty activists protest Louisiana’s first nitrogen gas execution scheduled for Tuesday

Two petitions opposing the death penalty and the use of nitrogen gas were handed over to Gov. Jeff Landry Monday. Together, they had around 35,000 signatures.

Jessie Hoffman Jr. scheduled to be executed Tuesday at Angola prison. This will be the first execution in 15 years in Louisiana. The state will be the second in the country to use nitrogen gas as a form of execution, next to Alabama, which has carried out four executions using the method.

”And every single witness who has seen one of those four Alabama executions, they come out and they talk about the horror that they watched a person go through. The loss of oxygen, the inability to breathe, and to be conscious of that when it's happening is horrific and it's torture,” said Abe Bonowitz, the executive director of Death Penalty Action who’s been described as the “Jim Cantore” of executions. He is also a member of Jews Against Gasing Coalition, and was one of many who attended a death penalty protest in Baton Rouge on Monday.

“We don't trust our government to come up with a good vaccine, or to tax us fairly, or to get the potholes filled, and we're going to trust them with the power to kill,” Bonowitz added.

Protestors also rang the Delaware Bell, the same one used outside of Delaware's execution chamber before the state’s supreme court declared the death penalty unconstitutional.

Brandi Melissa of Baton Rouge said it’s ironic for a pro-life state that mandatesThe 10 Commandments to be posted in the classroom to allow executions.

“ The Sixth Commandment said thou shalt not kill, and it doesn't have exceptions,” said Melissa.

Death Penalty Action also plans to gather outside of Angola prison hours before Hoffman’s scheduled execution.

Sources: THE PINNACLE GAZETTE, hkrvs.org, Staff, March 18, 2025

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

— Oscar Wilde

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