A federal appeals court said Monday it will let the nation's third execution with nitrogen gas go forward this week in Alabama, rejecting arguments that the new method causes unconstitutional levels of pain.
The 11th U.S. Court of Appeals swiftly affirmed a lower court's decision to let Carey Dale Grayson's execution proceed. Grayson, 50, had sought a preliminary injunction to block the execution.
The three-judge panel wrote that evidence "did not show that nitrogen hypoxia creates a substantial risk of conscious suffocation."
An attorney for Grayson said they plan to appeal to the U.S. Supreme Court.
Grayson, who was convicted of the 1994 killing of Vickie Deblieux, is scheduled to be executed Thursday night. The new execution method involves placing a respirator gas mask over the person's face to replace breathable air with pure nitrogen gas, causing death by lack of oxygen.
