Lawyers for Death Row inmate Carey Dale Grayson are challenging Alabama for not addressing significant “flaws” in its execution method. Grayson, facing execution by nitrogen gas this winter, has his attorneys urging a federal judge to stop the state from using this controversial method.
Following what they describe as the “torturous” execution of Kenneth Smith earlier this year, there is evidence of major problems, such as Smith’s blood filling his lungs. Despite these concerns, Alabama plans to carry out two more executions using nitrogen gas, a method it recently introduced.
Grayson’s legal team has criticized Alabama’s refusal to address the flawed method in court documents: “Instead of investigating what went wrong, as other states have done after execution issues, Alabama has ignored clear and obvious signs that the current protocol is deeply flawed and will likely lead to more unconstitutionally torturous executions if continued,” according to the Daily Star.
Alabama is expected to respond soon to the request for a preliminary injunction. After Smith’s execution, the Alabama Department of Forensic Sciences conducted an autopsy, revealing blood and fluid in his lungs, as reported by Mirror US.
The autopsy showed “marked congestion and edema with dark maroon blood” in Smith’s lungs and a “small amount of frothy fluid” in the tracheobronchial tree.
Dr. Brian McAlary, an expert hired by Grayson’s defense, expressed serious concerns about the autopsy results. The anesthesiologist pointed out that the signs suggest negative pressure pulmonary edema, which happens when someone tries to breathe against a blocked airway, pulling fluid from the blood vessels into the lungs.
Dr. McAlary’s report states: “Mr. Smith’s autopsy reveals what happens to the body during this panic response. An individual in panic with a blocked airway and no oxygen experiences a constricted airway, similar to an upper airway obstruction.”
Dr. Thomas Andrew, former chief medical examiner of New Hampshire, told AP that congested lungs indicate heart failure, as “blood backs up and the lungs become congested.”
He added: “This is a critical critique of the protocols used for this execution method… You will definitely experience a sense of oxygen deprivation, air hunger, and all the panic and discomfort associated with that way of dying.”
Alabama adopted nitrogen gas as an execution method in 2018, with Grayson choosing it for his death penalty despite the lack of a solid plan at the time.
Grayson is on death row for the 1994 murder of Vickie Deblieux, 37, in Jefferson County. After offering her a ride home, Grayson and three other teenagers violently attacked her, threw her off a cliff, and desecrated her remains, according to the prosecution.
The death penalty was imposed solely on Grayson as he was the oldest of the attackers.
