Louisiana death row inmate seeks to halt execution as state unseals nitrogen gas protocol

BATON ROUGE, La. (Louisiana First) — Lawyers for Jessie Hoffman, a Louisiana death row inmate scheduled for execution on March 18, are asking a federal judge to halt his execution, arguing that the secrecy surrounding the state’s use of nitrogen hypoxia violates his constitutional rights.

On Thursday, attorneys for the state and Hoffman reached an agreement to unseal a redacted version of Louisiana’s new execution protocol for nitrogen hypoxia, shedding public light on how the state plans to put him to death. The document’s release comes as Hoffman’s legal team challenges the state’s 2024 law shielding details about execution procedures and seeks an injunction to delay or prevent his execution.

Louisiana First News has obtained the redacted execution protocol and will update this story with another report on the key takeaways from the unsealed document.

Hoffman’s attorneys argue that the secrecy surrounding Louisiana’s execution process prevented them from fully challenging whether nitrogen hypoxia constitutes cruel and unusual punishment under the Eighth Amendment. They also claim the law violates his First, Sixth, and Fourteenth Amendment rights, depriving him of crucial information about how he will be put to death.

The state, however, contends that Hoffman has not demonstrated that nitrogen hypoxia is cruel and unusual and has failed to propose a viable alternative method of execution, as required by U.S. Supreme Court precedent. Louisiana officials argue that its nitrogen hypoxia protocol will be similar to the method used in Alabama, where four death row inmates have been executed since the state carried out the nation’s first nitrogen gas execution last year.

The legal battle over the execution method comes ahead of a Friday hearing before U.S. District Judge Shelly Dick, where both sides will argue whether Hoffman’s execution should proceed as scheduled or be postponed.

Hoffman’s legal history and execution timeline

Hoffman, 45, has been on Louisiana’s death row since 1998 for the rape and murder of Mary “Molly” Elliot, a New Orleans hotel executive. In November 1996, Hoffman kidnapped Elliot at gunpoint in the French Quarter, raped her, and forced her to march down a dirt path along the Middle Pearl River before executing her with a gunshot to the head. He was convicted in 1998 and sentenced to death.

If executed, Hoffman would be the first Louisiana inmate put to death in nearly 15 years and the fifth person in the U.S. to be executed by nitrogen hypoxia.

This is not Hoffman’s first legal challenge to Louisiana’s execution protocols. In 2012, he and other death row inmates sued the state, alleging that Louisiana refused to disclose how it planned to carry out executions and that the secrecy violated their constitutional rights. The case was dismissed in 2022 when the state admitted it was unable to obtain lethal injection drugs.

Hoffman’s latest lawsuit argues that Louisiana’s secrecy law shielding execution details—including the chemicals and procedures used—creates the same constitutional issues as his previous challenge.

Additionally, Hoffman, who practices Buddhism, claims that execution by nitrogen gas would prevent him from using meditative breathing techniques, violating his religious rights. The state argues that accommodations can be made for religious practices, but they do not justify halting an execution.

Secrecy and controversy over nitrogen hypoxia

Louisiana is one of four states—Alabama, Mississippi, Oklahoma, and Louisiana—that have approved nitrogen hypoxia for executions, but only Alabama has carried out executions using the method. Arkansas lawmakers are currently considering legislation to allow nitrogen executions, while Mississippi and Oklahoma have yet to implement the method.

In January and February, Alabama executed Kenneth Smith and Alan Miller using nitrogen gas, both of whom shook and gasped for extended periods before dying. Witnesses, including a medical doctor, described the executions as prolonged and disturbing, raising concerns that Louisiana’s execution could result in similar suffering.

Gov. Jeff Landry and Attorney General Liz Murrill have strongly supported resuming executions in Louisiana, arguing that death row inmates have exhausted all legal appeals and that the state has an obligation to carry out sentences imposed by the courts.

“The family and friends of people who have been brutally murdered in our state should get the justice the law has promised them,” Murrill said in a statement.

Critics, including the Promise of Justice Initiative, argue that the state is rushing to execute inmates using an untested and potentially inhumane method.

What’s next?

With the newly unsealed execution protocol, Friday’s court hearing before Judge Shelly Dick will be critical in determining whether Hoffman’s execution proceeds as scheduled on March 18. The judge could issue a ruling on the preliminary injunction, allowing the execution to move forward or delaying it while further legal challenges are reviewed.

This development also raises broader questions about the timeline for future executions in Louisiana. Christopher Sepulvado, another death row inmate who was scheduled for execution on March 17—the day before Hoffman—died of natural causes on Feb. 22, less than two weeks after receiving his execution order.

Murrill has indicated that Louisiana could move forward with multiple executions this year, depending on how Hoffman’s case unfolds.

Louisiana First News will continue to provide updates on the case as new information develops.

The Associated Press contributed to this report.

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