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The chemical element makes up 78 percent of the earth’s atmosphere. Nitrogen is everywhere in more ways than one. These tanks, kept at an Oklahoma City business, are filled with food-grade nitrogen used in restaurants often for cooling or freezing purposes. “This is the safest, the best and the most effective method available, and we’re moving forward,” he said. The entire nation – much of the world, in fact – will be watching.Īt the March news conference, Hunter said the state will forge ahead because Oklahomans favor capital punishment and families of murder victims deserve justice. If there are complications in using nitrogen, they will likely arise at crucial steps in the protocol, which will be written to avoid violating the Eighth Amendment’s ban against cruel and unusual punishment or creating a spectacle that the public and elected leaders would not accept. That could delay the state’s next execution by months as attorneys take the matter to court, reminding judges that Oklahoma botched one execution in 2014 and used the wrong drug in another one in 2015. Meanwhile, attorneys for Death Row inmates are poised to scrutinize the protocol and challenge any uncertainty or hint of cruelty in its procedures or science. Only two other states, Mississippi and Alabama, have passed laws allowing nitrogen executions, but neither is developing a protocol yet. “We feel confident that we will develop a protocol that provides an effective and humane execution method for the state of Oklahoma.” “We are continuing to develop the protocol in collaboration with the Attorney General’s office,” Corrections Department spokesman Matt Elliott said in a statement to Oklahoma Watch.
Allbaugh said in March he hoped to have a preliminary protocol in 90 to 120 days, but recently told StateImpact Oklahoma that the effort will take longer than expected.
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At a March press conference in which they announced the change of method, Oklahoma Department of Corrections Director Joe Allbaugh and Attorney General Mike Hunter contended it would be free of the problems that have plagued the state’s use of lethal injection.Īllbaugh declined an interview about his agency’s ongoing work on an execution protocol, which will spell out in detail the policies and procedures for carrying out a nitrogen execution. State officials insist that executions using nitrogen hypoxia will be humane, although details have been scarce about how the first nitrogen execution would look.
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Yet uncertainty surrounds how the state will obtain the gas, how it will force inmates to inhale it, what will happen should they hold their breath or resist, and how to ensure guards and visitors are safe from its toxic fumes, all of which could open up legal, practical and public-perception challenges.
How Nitrogen Executions Could Go Wrong - Oklahoma Watch Close
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