Alabama murderer’s execution delayed due to challenge of nitrogen method
Lawyers representing a convicted double murderer in Alabama have sought to postpone his scheduled execution as they contest the use of nitrogen gas as a method of capital punishment. Jeffery James Lee, 49, was found guilty of killing Jimmy Ellis and Elaine Thompson during a robbery at Ellis’ pawn shop in 1998. Despite Alabama Governor Kay Ivey setting a June 11 execution date for Lee, his legal team is challenging the constitutionality of the nitrogen execution method in a federal lawsuit.
The dispute over the nitrogen method led to a federal judge organizing a bench trial on April 27 to determine if the execution process violates the ban on cruel and unusual punishment. Lee’s attorneys have petitioned the Alabama Supreme Court to delay the execution until the lawsuit on the nitrogen method is resolved.
Alabama adopted the use of nitrogen gas for executions in 2024. The procedure involves placing a gas mask on the individual’s face to replace oxygen with pure nitrogen gas, resulting in death due to oxygen deprivation. This method has been utilized in eight executions nationwide, with Alabama conducting it seven times and Louisiana once.
Lee was convicted of capital murder for fatally shooting Ellis and Thompson near Orrville, Alabama, in 1998. Despite a jury’s recommendation of a life sentence by a narrow 7-5 margin, a judge imposed the death penalty. Notably, Alabama discontinued the practice of judicial override in 2017, preventing judges from disregarding a jury’s sentencing decision in death penalty cases.