Judge bars Alabama nitrogen gas execution, says method is unconstitutionally cruel; Jeffrey Lee was set to be executed Thursday

A ruling from a federal judge in Montgomery, Alabama, has permanently halted the state’s plan to execute an inmate using nitrogen gas, citing it as a violation of the constitutional prohibition against cruel and unusual punishment.

U.S. District Judge Emily Marks made this decision shortly after an appeals court overturned her previous judgment, which had deemed the method constitutional. The ruling prevents Alabama from executing Jeffrey Lee, 49, with nitrogen gas, just ahead of his scheduled execution on Thursday.

This judgment temporarily suspends the implementation of this contentious execution technique, which Alabama has supported since 2024. The issue is expected to ultimately reach the U.S. Supreme Court for further deliberation.

While a spokesperson for Alabama Attorney General Steve Marshall mentioned that the state is assessing the ruling and contemplating further actions such as an appeal, no immediate response was given by Lee’s legal representatives.

The decision has been praised by both death penalty opponents and critics of nitrogen gas as an execution method.

Death penalty opponents and critics of the nitrogen method welcomed the decision.

“The truth is finally free. Two federal courts have now called nitrogen executions what they are…completely unnecessary,” the Rev. Jeff Hood said.

Hood was a spiritual advisor at two nitrogen executions.

“Indeed, I pray that we are witnessing the collapse of this horrific method nationwide,” Hood added.

In her 26-page ruling, Marks said litigation is a constant in death penalty cases.

“Were Alabama to adopt firing squad as a method of execution, that method would likely be challenged as well. Indeed, there is likely no method – no matter how humane – that would be immune to constitutional challenge. But the Constitution does not guarantee a painless death, and human life cannot be purposefully extinguished without some risk of pain. The Court, the condemned, and the State must all confront that sobering reality,” Marks wrote.

Marks noted that the state has two other authorized execution methods, lethal injection and the electric chair. She said Lee is “not entitled to an injunction barring the State from executing him using one of those methods.”

Marks also ruled that the state could switch to Lee’s preferred method, a firing squad. Inmates challenging execution methods are required to suggest an alternative method.

“The State can readily obtain rifles, ammunition, and other materials necessary to carry out a firing squad execution. Additionally, the State would be able to modify space at Holman to carry out executions by firing squad. The State is also able to source and train volunteers willing to carry out such an execution,” Marks wrote.

Lee is currently housed at Holman Correctional Facility in Atmore. He was convicted of two counts of capital murder for killing Jimmy Ellis and Elaine Thompson while robbing a pawnshop on Dec. 12, 1998. Prosecutors said Lee entered Jimmy’s Pawnshop with a sawed-off shotgun and shot Ellis, the owner of the store, and Thompson, a store employee.

A jury voted 7-5 that Lee should receive a sentence of life imprisonment. However, a judge overrode that recommendation and sentenced Lee to death. Alabama in 2017 ended the practice of judicial override and no longer allows a judge to disregard a jury’s sentencing decision in death penalty cases.

The video in the player above is from an earlier report.

Copyright © 2026 by The Associated Press. All Rights Reserved.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Arizona Gov. Katie Hobbs Faces GOP Backlash Over ‘Drunken Sailor’ Spending Claims - Internewscast Journal

Arizona Gov. Katie Hobbs Faces GOP Backlash Over ‘Drunken Sailor’ Spending Claims

Arizona Democratic Gov. Katie Hobbs’ reelection campaign spent nearly three dollars for…
D4vd Murder Case: Phone Had Graphic Teen Photos, Abortion Texts - Internewscast Journal

D4vd Murder Case: Phone Had Graphic Teen Photos, Abortion Texts

LOS ANGELES — Disturbing testimony resumed Friday in the preliminary hearing for…
Beloved Teacher, 6 Kids Among 8 Victims in Suspicious Michigan Fire - Internewscast Journal

Beloved Teacher, 6 Kids Among 8 Victims in Suspicious Michigan Fire

A Michigan house fire that left a family of eight dead, including…
Salmonella Outbreak Tied to Recalled Texas Eggs Sickens Nearly 100 - Internewscast Journal

Salmonella Outbreak Tied to Recalled Texas Eggs Sickens Nearly 100

A salmonella outbreak tied in part to recalled eggs has sickened nearly…
Deadly Fox River Boat Crash Near McHenry Dam Under Investigation, Officials Say - Internewscast Journal

Deadly Fox River Boat Crash Near McHenry Dam Under Investigation, Officials Say

MCHENRY COUNTY, Ill. () — A fatal boating crash prompted authorities to…
Armed Man Shot by NYPD After Queens Home Explodes; 2 Dead - Internewscast Journal

Armed Man Shot by NYPD After Queens Home Explodes; 2 Dead

A 911 call reporting gunfire and a man shouting, “kill them, kill…
Troy Jackson to Challenge Susan Collins After Platner Exit - Internewscast Journal

Troy Jackson to Challenge Susan Collins After Platner Exit

BANGOR, Maine — Troy Jackson, a former Maine state lawmaker and longtime…
FBI: Fugitive Accused in $32M COVID-19 Fraud Scheme Captured in Jamaica, Returned to US - Internewscast Journal

FBI: Fugitive Accused in $32M COVID-19 Fraud Scheme Captured in Jamaica, Returned to US

Elaine Angene Escoe, 41, was brought back to South Florida on Thursday…
LAPD Chief Reveals How Deep LA’s Police Staffing Shortage Is - Internewscast Journal

LAPD Chief Reveals How Deep LA’s Police Staffing Shortage Is

The Los Angeles Police Department’s staffing crisis is deepening, with the city’s…
Austin Franco Says He’ll Return to Cornell After Antisemitic Dig - Internewscast Journal

Austin Franco Says He’ll Return to Cornell After Antisemitic Dig

A Cornell University student who drew widespread backlash after refusing an interview…
Barack Obama Shares Heartfelt Advice With Caitlin Clark - Internewscast Journal

Barack Obama Shares Heartfelt Advice With Caitlin Clark

Former President Barack Obama met with Caitlin Clark in Chicago over the…
Leto Shooting Spurs Chicago Park District Safety Reforms - Internewscast Journal

Leto Shooting Spurs Chicago Park District Safety Reforms

CHICAGO () — Douglass Park Pool is open again this summer, joining…