Louisiana death row killer Jessie Hoffman loses appeal, slated to be state’s first nitrogen gas execution
A convicted killer scheduled to be gassed to death in Louisiana Tuesday night had his last-minute appeal to save his life was turned down — paving the way for him to become the state’s first execution in 15 years.
Attorneys for Jessie Hoffman Jr. — who is set to die between 6 p.m. and 9 p.m. — argued during his final appeal to the 19th Judicial District Court Tuesday afternoon that executing the 46-year-old murderer via nitrogen gas was unconstitutional and would violate his religious freedom, according to local reports.
Hoffman, who was was sentenced to death in 1996 for the rape and murder of Mary Elliot, a 28-year-old advertising executive, claimed that nitrogen hypoxia would interfere with his Buddhist breathing and meditation during his final moments alive — a plea Judge Richard “Chip” Moore rejected, WAFB reported.
“I thought I’d escaped having my foot in the door of a capital case,” Moore said as he gave his ruling, NOLA.com reported.
“I’m obviously taking it extremely seriously.”
Advocates against the death penalty have continued to try to stop Hoffman’s execution. He was granted a temporary reprieve by a federal judge, but it was overturned Friday by the Fifth Circuit courts and additional attempts to stop the state’s execution were also rejected Tuesday morning.
The planned execution at Angola will mark the first time Louisiana has used the lethal method on a death row inmate. Death by nitrogen gas is currently permitted in four states: Louisiana, Alabama, Mississippi and Oklahoma.
The method has only been used in Alabama.
Hoffman, who was convicted of abducting Elliot from her home the day before Thanksgiving and shooting her execution-style in rural St. Tammany Parish, will be strapped to a gurney, fitted with a full-face respirator mask and forced to breathe nitrogen gas until his heart stops.
The execution method will deprive Hoffman’s body of the oxygen he needs to survive, causing a slow suffocation. The nitrogen gas will be administered for at least 15 minutes or five minutes after his heart rate reaches a flatline indication on the EKG, whichever is longer.
Witnesses will include the prison warden, a West Feliciana coroner, a physician chosen by the warden, a chaplain or spiritual advisor, two members of the victim’s family, two reporters, a law enforcement representative and members from both the governor and attorney generals office, NOLA.com reported.
Most recently, Kenneth Eugene Smith was gassed to death in late January after surviving a lethal injection attempt two years previously. The process took 22 minutes as he continuously thrashed against the restraints while he slowly suffocated to death.
The controversial method has appeared to cause those to shake and gasp to varying degrees, with their involuntary movements associated with oxygen deprivation, according to media witnesses from The Associated Press.
Hoffman is expected to be the seventh death row execution in the country this year.
Since the New Year, atypical means of execution have been on the rise. Following Smith’s gassing, South Carolina spearheaded the first death-by-firing squad in the country in 15 years.
Brad Sigmon voluntarily chose to be shot to death over more conventional methods like the electric chair and lethal injection. He was found guilty in 2002 of bludgeoning his ex-girlfriend’s parents to death with a baseball bat.
With Post wires
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