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Federal judge orders stop to nitrogen gas execution in Alabama

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Federal judge orders stop to nitrogen gas execution in Alabama


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A federal Alabama judge has prohibited the state from executing an inmate this week using the controversial new method of nitrogen gas, ruling that it amounts to cruel and unusual punishment in violation of the U.S. Constitution.

U.S. District Judge Emily Marks issued the ruling on Tuesday, June 9, that could stop the execution of Alabama death row inmate Jeffrey Lee. Lee is scheduled to be executed on Thursday, June 11, for a double murder during a pawn shop robbery in 1998.

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The ruling also stops the state of Alabama from executing other inmates with the method, though no others are scheduled this year, and the state is expected to appeal the ruling, which could put the matter in front of the U.S. Supreme Court.

The office of Alabama Gov. Kay Ivey did not immediately respond to a request for comment from USA TODAY.

Marks’ ruling stems from a hearing about how much pain inmates experience during a nitrogen gas execution. She concluded that they experience up to three minutes of “severe air hunger” resulting in emotional distress, anxiety, physiological stress, and physical discomfort.

The U.S. Constitution does not guarantee a death row inmate a pain-free death but does require executions to be free of cruel and unusual punishment.

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Defense attorneys, death penalty opponents and some witnesses to nitrogen gas executions argue it amounts to torture and so is a clear constitutional violation.

Alabama was the first state in the nation to carry out a nitrogen gas execution, that of Kenneth Eugene Smith in 2024. Since then, the state has executed six other inmates with the method, and Louisiana has used it once.

Under the method, executioners strap inmates to a gurney with chest and shoulder harnesses and attach a mask to his face. Ultra-high-purity nitrogen gas flows into the mask, and that displaces breathable air until none is left. The inmate loses consciousness and dies.

Witness accounts from the first four Alabama executions describe “suffering, including conscious terror for several minutes, shaking, gasping, and other evidence of distress,” Louisiana Chief District Judge Shelly Dick wrote last year when addressing the method in her state. The witnesses saw inmates “writhing” under their restraints, “vigorous convulsing and shaking for four minutes,” heaving, spitting, and a “conscious struggling for life,” she wrote.

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Initially, Marks ruled last week that Lee showed he was likely to experience pain during his execution but not to an unconstitutional degree. The 11th U.S. District Court of Appeals disagreed with her on Monday and sent the case back to her for reconsideration.

Lee’s execution would be the first in Alabama this year. Another inmate, Charles Lee “Sonny” Burton, had been set to be executed by nitrogen gas in March, but Ivey commuted his death sentence to life just two days before the execution. The decision had nothing to do with the execution method. Ivey said it would be “unjust” to take Burton’s life when he wasn’t the triggerman in an AutoZone robbery gone bad in 1991.

It was the second time the Republican governor has commuted an inmate’s sentence in her nine years in office. She has presided over 25 executions.

Amanda Lee Myers is a senior crime reporter who covers the death penalty, cold cases and breaking news for USA TODAY. Follow her on X at @amandaleeusat.



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Former Alabama Inmate Arrested After Allegedly Flying Drone with Contraband Toward Prison

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Former Alabama Inmate Arrested After Allegedly Flying Drone with Contraband Toward Prison


A former Alabama inmate is facing multiple charges after authorities say he was caught flying a drone carrying contraband toward Holman Correctional Facility.

According to the Alabama Department of Corrections, the agency’s Southern K-9 unit received information around 6 p.m. Saturday, June 27, that someone was operating a drone from Interstate 65 toward the prison.

With assistance from the Atmore Police Department, officers located and arrested Edward Knight, a former inmate, without incident.

Investigators said the drone had a package attached, which was safely brought down and confiscated.

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Knight was charged with first-degree possession of marijuana and two counts of illegal drone operation.

During the investigation, ADOC agents said they learned Knight had additional contraband at his residence in Birmingham. Investigators with the department’s Law Enforcement Services Division, K-9 unit and narcotics team later executed a search warrant at the home and seized additional evidence related to the case.

The investigation remains ongoing, and ADOC said additional charges could be filed.



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Alabama under first heat advisory of the season as officials urge residents to take precautions

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Alabama under first heat advisory of the season as officials urge residents to take precautions


SELMA, Ala. (WSFA) – Alabama is under its first heat advisory of the season as dangerously high temperatures and humidity combine to push heat index values into the triple digits.

The National Weather Service issued the advisory as conditions increase the risk of heat-related illnesses, especially for older adults, young children, people with chronic medical conditions, and anyone who works or spends extended time outdoors.

Selma Fire Chief Walter Dailey says it doesn’t take long to feel the effects of the extreme heat.

“It’s hot,” Dailey said after spending just a few minutes outside. “I’m sweating. I can feel it running down my back.”

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For firefighters, the dangers are even greater. Dailey says crews often respond to emergencies while wearing nearly 150 pounds of protective gear, causing them to lose significant amounts of fluids in a short period of time.

“In the first 30 minutes, we’re able to sweat out about four or five gallons of actual fluids from our bodies,” he said. “So hydration is extremely important for us.”

Even though the temperatures are soaring, emergency calls don’t stop. Dailey says firefighters continue responding to structure fires, grass fires and other emergencies while adjusting their daily routines when possible to limit unnecessary time outdoors during the hottest parts of the day.

He warns that heat exhaustion and heat stroke can develop much faster than many people realize.

“Heat exhaustion is serious business,” Dailey said. “It happens in a matter of minutes.”

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Tips to stay safe during extreme heat

Dailey encourages residents to:

  • Drink plenty of water throughout the day instead of waiting until you feel thirsty.
  • Replace fluids and electrolytes if you are working or exercising outdoors.
  • Wear lightweight, loose-fitting and light-colored clothing.
  • Take frequent breaks in the shade or in an air-conditioned building.
  • Avoid strenuous outdoor activities during the hottest part of the day, generally between late morning and early evening when possible.
  • Check on older neighbors, relatives and anyone who may be especially vulnerable to the heat.
  • Never leave children or pets unattended inside a parked vehicle, even for a short amount of time. Temperatures inside a vehicle can rise rapidly within minutes.

What if your home doesn’t have air conditioning?

For people living in homes without air conditioning, officials recommend spending as much time as possible in cooler public places such as libraries, community centers, shopping malls or other designated cooling locations during the hottest hours of the day.

Closing blinds or curtains to block direct sunlight, using fans to improve airflow, limiting the use of ovens and other heat-producing appliances, and drinking water frequently can also help reduce the risk of heat-related illness.

If someone begins experiencing heavy sweating, dizziness, nausea, confusion, weakness or stops sweating despite the heat, move them to a cooler location immediately, provide water if they are alert, and seek medical attention if symptoms worsen or do not improve.

As temperatures remain dangerously high, Dailey says one of the biggest mistakes people make is waiting until they feel thirsty.

“At the point you’re already sweating, if you’re not drinking, you’re already behind on being hydrated,” he said.

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Are fireworks legal in Alabama? 7 explosives that might be allowed

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Are fireworks legal in Alabama? 7 explosives that might be allowed


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No rocket’s red glare? No bombs bursting in air? Welcome to the Fourth of July in Alabama.

While the rest of the country lights up the night, strict fireworks laws in some Alabama spots mean residents will have to celebrate without the snap, crackle and boom.

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Here’s what to know about fireworks laws and regulations in the state.

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Are fireworks permitted in Alabama?

Fireworks are banned in Alabama’s cities and towns — aside from professional fireworks displays put on by cities — but are legal in most rural areas. Even if fireworks are allowed, local rules on noise and timing still apply.

What fireworks are permitted, and illegal, in Alabama?

In Alabama, Class C Common Fireworks are generally permitted for use. This includes the following:

  • Bottle rockets
  • Roman candles
  • Sparklers
  • Smoke bombs
  • Firecrackers
  • Wheels
  • Spinners

Illegal fireworks include ground salute fireworks containing more than two grains of explosives and those purchased through mail order. Also unlawful are M-80s, cherry bombs and silver salutes.

Who can buy fireworks in Alabama?

In Alabama, you must be at least 16 years of age to buy fireworks unless you’re with an adult. Sales are off-limits to anyone who is intoxicated or deemed irresponsible. Buyers must show a valid driver’s license or state-approved ID.

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Are there regulations to selling fireworks in Alabama?

In Alabama, fireworks can’t be sold in tents, trailers or car trunks. Vendors must use a permanent or modular building at least eight feet wide and set on a foundation. All fireworks on display must have protected fuses, and sellers need a state permit to operate.

Jennifer Lindahl is a Breaking and Trending Reporter in Alabama for USA TODAY’s Deep South Connect Team. Connect with her on X @jenn_lindahl and email at jlindahl@usatodayco.com.



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