Baton Rouge, La. (AP)-On the day that Louisiana's first execution is planned for 15 years, lawyers hope for the prisoner for a last-minute court ruling to stop the death penalty to be performed.
Jessie Hoffman Jr., 46, is planned to be put to death on Tuesday evening with the help of nitrogen gas, which would be the first time that Louisiana ever used the method. Nitrogen gas has only been used four other times to perform a person in the death cell in the United States, all in Alabama – which is the only other state where a protocol is for the specific method.
Hoffman's lawyers say that the method is unconstitutional and violates the eighth amendment that prohibits cruel and unusual punishment. They also say that it infringing the freedom of Hoffman to practice religion, in particular his Buddhist breathing and meditation in the moments prior to his death.
Louisiana officials say it is time for the state to deliver justice that was promised to the families of the victims, after one and a half hiatus about executions. Attorney General Liz Murrill says she expects at least four people to be performed in Louisiana's death cell this year.
According to the court fights earlier this month, lawyers for Hoffman turn to the Supreme Court of the United States to stop the execution. Last year, however, the court refused to intervene in the first execution of the first nitrogen hypoxia of the nation.
On Monday, Hoffman's lawyers submitted a whole series of additional challenges with state and federal courts as a final attempt to stop the execution. A constitutional judge will consider one of the new challenges on Tuesday morning. But with the hearing that takes place only a few hours before Hoffman is planned to be put to death, lawyers will be confronted with a race against the clock.
The 19th judge of the judicial district has given a temporary restraining order – prevented the state of Hoffman – “pending” of a morning hearing. Lawyers for Hoffman and the State say that their understanding is that the restrictive order, as it looks, is going at 10.30 am (EST). However, the execution will take place in the evening, hours after the order has expired.
Murrill said she expects the execution to move forward as planned and that “justice will finally be served.” Hoffman was convicted of the murder of Mary “Molly” Elliott, a 28-year advertisement director, in New Orleans.
Under the Louisiana protocol, which is almost identical to Alabama's, Hoffman will be tied to a stretcher and have a full-face mask mask-comparable with what is used by painters and sandblasters-striking. Pure nitrogen gas will then be pumped into the mask, so that he has to breathe it in and robs him the oxygen needed to maintain physical functions.
The nitrogen gas is administered for at least 15 minutes or five minutes after its heartbeat a flat indication on the EKG after its heartbeat, depending on which longer is longer.
The state has sustained that the method is apparently painless. Hoffman's lawyers claim that the method is torturing.
Every prisoner to death with the help of nitrogen in Alabama seemed to shake and to be craving for a variety of during their executions, according to the media witnesses, including AP. The reactions are involuntary movements associated with lack of oxygen, have said government officials.
Currently, four states – Alabama, Louisiana, Mississippi and Oklahoma – specifically perform the execution through nitrogen hypoxia, composed by the Death Penalty Information Center according to Records.
Alabama used the deadly gas for the first time to death Kenneth Eugene Smith last year, which was the first time that a new method was used in the US since the deadly injection was introduced in 1982.
In an attempt to resume executions, the legislative power of the State, dominated by Louisiana, expanded the approved death -penalty methods of the state with nitrogen hypoxia and electrocution last year. Already in place was deadly injection.
In recent decades, the number of executions has fallen nationally in the middle of legal battles, a shortage of fatal drugs with fatal injection and taking public support for capital sentences. This has led to a majority of the States abolishing or pausing with the death penalty.
Hoffman is planned as the seventh performance of the death cell in the country this year.
