Alabama murderer’s lawyers seek delay in execution over nitrogen method lawsuit
Lawyers representing a double murderer in Alabama are pushing to postpone his execution due to an ongoing federal lawsuit challenging the use of nitrogen for executions. Jeffery James Lee, 49, was found guilty of killing Jimmy Ellis and Elaine Thompson during a robbery at Ellis’s pawn shop in 1998. Despite Alabama Governor Kay Ivey setting a June 11 execution date for Lee, his legal team is contesting the humaneness of the nitrogen execution process in a federal court, arguing that it violates the constitutional prohibition against cruel and unusual punishment.
The use of nitrogen gas for executions commenced in Alabama in 2024. This method involves placing a gas mask over the individual’s face to replace breathable air with pure nitrogen gas, leading to death from oxygen deprivation. Nationally, this method has been utilized in eight executions, with Alabama conducting it seven times and Louisiana once.
Lee was convicted of two counts of capital murder for the deaths of Ellis and Thompson in December 1998 near Orrville, Alabama. Prosecutors stated that Lee entered Jimmy’s Pawnshop armed with a sawed-off shotgun and fatally shot both Ellis, the store owner, and Thompson, an employee.
Although a jury recommended a life sentence for Lee with a 7-5 vote, a judge overruled this decision and sentenced him to death. Notably, Alabama abolished the practice of judicial override in death penalty cases in 2017, ensuring that judges must adhere to jury sentencing determinations.
The ongoing legal battle surrounding the nitrogen execution method has brought uncertainty to Lee’s scheduled execution, highlighting the contentious debate over the humaneness of different execution protocols.
