March 27, 2025
The Execution of Jessie Hoffman

In this episode of Bloody Angola Podcast, Jim Chapman gives you the recent details regarding the Execution of Jessie Hoffman via Nitrogen Hypoxia
Timestamps
01:39 On Again Off Again On Again
28:44 Justice Served for Molly Elliott
32:02 Execution...
In this episode of Bloody Angola Podcast, Jim Chapman gives you the recent details regarding the Execution of Jessie Hoffman via Nitrogen Hypoxia
Timestamps
01:39 On Again Off Again On Again
28:44 Justice Served for Molly Elliott
32:02 Execution Protocol
37:17 AG Liz Murrill and Governor Jeff Landry Statements
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WEBVTT
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M M.
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A Wall Street line, shackle change, oh someome gird, it's
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calling my name. There is no mercy and it's been
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a tentery juice as the huge stream game Wrangle three.
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Come in by me to die.
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Inside these walls, inside the wild.
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And when the girl as I, Hey everyone, and welcome
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back to Bloody Angola, A podcast one and forty two
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years in the making, the complete story of America's Bloody
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Is Prison. I'm Jim Chapman, and a lot has happened
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since the last time I dropped an episode. Just last week,
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if you've been listening, we just completed a three part
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series in which I covered the crimes and convictions of
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three inmates that had received death warrants in the state
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of Louisiana. In the first episode in that three part
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series covered the crimes of Jesse Hoffman, who, if you'll remember,
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had his execution delayed due to a Louisiana District judge
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finding the method of execution nitrogen hypoxia, unconstitutional and a
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violation of the Eighth Amendment, which is cruel and unusual punishment. Now,
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this was on March eleventh, So on March twelfth, ag
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Liz Murel. She files what is known as an emergency brief,
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and she urges the courts to move forward. Now, what
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really spearheaded this, at least from the defense standpoint, was
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the claim that the state did not release their execution
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protocol until the eve of May seventh. So essentially they're
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saying they didn't have time to legally scrutinize that protocol.
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So let's go over Louisiana's execution protocol quickly. So the
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protocol outlines a structured, multi phase process and it begins
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thirty days before the execution and continues until after the
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inmate is pronounced dead. In Phase one, which is thirty
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days before the execution, the inmate is served a death
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warrant and he must acknowledge or she must acknowledge receipt
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of that death warrant. The inmate may select a spiritual
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advisor who must undergo training if they wish to be
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present in the execution chamber. Medical monitoring begins, and that
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includes mental health evaluations. All that is in phase one,
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which is thirty days out. Then in phase two, which
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is two weeks out fourteen days, the inmate's family receives
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formal notice of the execution date. The inmate also finalizes
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any legal, spiritual, or funeral arrangements. Then they move on
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to Phase three, which is ten to three days before
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the execution. Law enforcement agencies they get notified of the execution.
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Witnesses including victim representatives and media, are selected. Final equipment
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inspections as the security briefings are conducted, and then they
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move to Phase four, which is twelve to thirty six
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hours before the execution. At that time, the execution chamber
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is placed on what's known as restricted access. The nitrogen
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hypoxia system gets tested to make sure it's functional, The
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inmate's personal property is inventoried and secured, and then Phase
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five is the day of the execution. At noon, the
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inmate is served a final meal if he or she
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so chooses. One hour before the execution, final security checks
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are conducted. The end gets prepared, including being fitted with
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what's none as a pulse oximeter. The nitrogen hypoxia mask
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is placed into the execution chamber, and then the execution commences.
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The warden opens the nitrogen gas lockout valve. The gas
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is administered for at least fifteen minutes, or until five
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minutes after a flight line is detected on an EKG machine,
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the chamber is ventilated before officials confirmed the execution is complete.
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And then there's a phase six, which is post execution procedures,
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which the corner officially pronounces the inmate dead, the Governor's
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office is notified, and the body is removed. Funeral arrangements
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are carried out per the inmate's request. So that is
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the official execution protocol for the State of Louisiana, and
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that's what they were arguing. They didn't have this protocol,
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so they couldn't legally scrutinize it. I mean, they're by time, right, So,
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as I told you, Liz Muriel files what's known as
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an emergency brief and at that point the Louisiana appeals
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to the Fifth Circuit Court of Appeal and they actually
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overturned the temporary injunction on Jesse Hoffman's execution. The execution
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was on and it happened in quick order, but not
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before the justice system got quite the workout first. After
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exhausting all other avenues, Hoffman appealed to the US Supreme Court.
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In the eleventh hour. He filed both a writ and
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an application for stay of execution. And I have that,
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and I'm going to review it with you real quick.
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Jesse Hoffman's execution is scheduled for March eighteenth, twenty twenty five,
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between six and nine pm to the Honorable Samuel Alito,
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Associate Justice of the Supreme Court of the United States
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and Circuit Justice for the Fifth Circuit. Petitioner Jesse Hoffman, respectively,
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requests that this Court stay his execution using nitrogen hypoxia,
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penning the Court's disposition of his pending petition of a WRINT.
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Mister Hoffman is scheduled to be executed on March eighteenth,
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twenty twenty five, between six and nine pm if the
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Court is unable to resolve this application by five point
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fifty nine. On March eighteenth, twenty twenty five, issued grant
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a temporary stay while it considers the application. Then it
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lists the reasons reasoning for granting the stay of application.
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Mister Hoffman's execution date is presently March eighteenth, twenty twenty five.
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Mister Hoffman has concurrently filed a petition for a WRINT.
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With this application, the impending execution date may preclude this
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Court from considering mister Hoffman's petition before the scheduled execution,
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thus necessitating this application. Mister Hoffman's challenge to his execution
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is timely raised and has a very strong likely hood
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of success on the merits. The State of Louisiana announced
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on February tenth, twenty twenty five, that it had created
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a protocol for execution by nitrogen hypoxia, that is, the
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deprivation of oxygen through the forced inhalation of pure nitrogen
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until someone dies. It served mister Hoffman with a death
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warrant on February twentieth, twenty twenty five, notifying him for
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the first time that he would be the first Louisian
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inmate to be executed by nitrogen hypoxia. On March eighteenth,
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twenty twenty five. The state did not disclose its new
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protocol for nitrogen gassing until over a week later. Mister Hoffman,
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a practicing Buddhists, diligently exhausted his administrative remedies and filed
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this suit less than a week after receiving his death warrant,
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challenging the state's method of execution under the Eighth Amendment.
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In the Religious Land Use and Institutionalized Persons Act, The
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Eighth Amendment forbids forms of execution that intensified death sentence
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with super additions of terror, pain, or disgrace. To succeed
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on the method of execution challenge under the Eighth Amendment,
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an inn may must show that a feasible, readily implemented
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alternative procedure would significantly reduce a substantial risk of severe pain.
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The District Court, after expedited discovery and a twelve hour hearing,
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concluded that mister Hoffman was likely to succeed on the
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merits of his Eighth Amendment claim and had entered a
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preliminary injunction based on its extensive findings of fact, which
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in turn were based on an expert and testimony. Relying
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on medical expert testimony, the District Court concluded that mister
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Hoffman was likely to succeed in showing that nitrogen gasing
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super ads physiological terror compared to execution by firing squad
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and then in parentheses, it says the readily available and
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feasible alternative mister Hoffman proposed number two, he would likely
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be horned absent a preliminary injunction, and three the equities
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and the public interests weighed against the state's rushed execution
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of mister Hoffman. A divided panel of the Fifth Circuit
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vacated the injunction on March fourteenth, twenty twenty five, in
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an opinion flatly inconsistent with this Court's precedent. As mister
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Hoffman explains in his petition, a majority of the Fifth
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Circuit panel misapplied the Eighth Amendment and ignored the District
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Court's factual findings on the central issue of psychological terror.
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The majority suggested a categorical rule that the Eighth Amendment
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requires a petitioner to show that the alternative method of
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execution is less physically painful than the chosen method, regardless
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of the psychological effect, while giving lip service to the
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Court's recognition to the super edition of terror that it
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can violate the Eighth Amendment. The panel majority also completely
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ignored mister Hoffman's r LUPA claim us by mister Hoffman
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as an alternative basis for affirming the court's injunction. Nitrogen
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hypoxia makes mister Hoffman's religious practice impossible, and then it
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goes on and it gives a conglomerate of reasons that
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mister Hafflins's attorneys felt the Fifth Circuit failed them for
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lack of a better word. So after that was filed,
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the state responded, and that's known as a brief in
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opposition to the application for stay. And in that statement
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of the opposition of application, the state said, in the
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interest of time and efficiency, the State here addresses only
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the core relevant facts and it expounds where necessary in
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the argument below. On the night before Thanksgiving nineteen ninety six,
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play If Jesse Hoffman kidnapped, robbed, and raped Mary Molly Elliott.
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The play if kidnapped Molly at gunpoint drover to an
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ATM forster to withdraw raw two hundred dollars and robbed her.
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The planiff subsequently raped Molly in the backseat of her
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own car in the remote area of Saint Timiny Parish.
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He then marched her steal naked down a dirt path
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which was overgrown with vegetation and full of trash used
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as a dump. Her death march ultimately ended at a
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small makeshift dock on the Middle Pearl River, where the
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planiff was forced to her knees and he shot her
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in the head execution style. Molly likely survived for a
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few minutes after being shot, but she was not discovered
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until after Thanksgiving Day, when a duck hunter came across
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her naked body on the dock. For his part, the
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planiff soon after took his girlfriend shopping with Molly's money.
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A jury convicted the planiff of first degree murder, and
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he was sentenced to death. His appeal was litigated to finality,
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and he exhausted all of his state and federal post
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conviction remedies. Although lethal injection was louis Suisiana's method of
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execution when the planet murdered Molly, drug companies have since
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made it extraordinarily difficult for states to obtain the necessary drugs.
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As a result, Louisiana and other states recently have turned
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to nitrogen hypoxia because there's no supply concerns with the nitrogen.
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For Louisiana, that time came in the spring of twenty
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twenty four, when legislatures amended and adopted nitrogen hypoxia as
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a method of execution. Nitrogen hypoxia is Louisiana's only current
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available method. Over the past year, Louisiana's Department of Public
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Safety and Correction constructed a nitrogen hypoxia system that mirrors
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Alabama and since twenty twenty four, Alabama itself has carried
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out successfully for nitrogen hypoxia executions. In general terms, the
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system delivers pure nitrogen to a full faced silicon mask
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with a plexiglass screen known as a source respirator. Industrial
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grade and superior to medical grade mask. Thick cushion material
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presses against the face and creates an air tight seal.
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The mask has a one way inlet valve allowing for
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airflow into the mask from the industrial tube that delivers
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both ambient air and nitrogen. The mask also allows for
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exhaling through another one way exhaust valve the plane. If
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appeared to complain the system uses industrial grade not medical
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grade nitrogen, he omits that medical grade nitrogen is comparatively
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inferior because it has more impurities than does Louisiana's ultra
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grade nitrogen. The state's expert is the only expert in
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the case who inspected and tested Louisiana's system. Specifically, he
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laid down on the gurney with the mask on at
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the intended flow rate, and he testified that he could
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breathe very comfortably with the mask on. He also took
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a video demonstrating how quickly pure nitrogen displaces oxygen in
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the mask by thirty seconds, the air inside the mask
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is only four point four percent, oxygen, one point eight
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percent by forty seconds, and so on. Almost immediately after
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legislature adopted nitrogen hypoxia, the PLANEFF attempted to reopen a
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dismissed as moot case challenging Louisiana's legal injection protocol. That
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case was dismissed a few years ago because Louisiana was
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and still is currently unable to obtain necessary drugs with
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nitrogen now permitted under Louisiana law. However, Planet filed a
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motion claiming that there has since been a material and
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extraordinary change of circumstances that gives rise to a live
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controversy between the parties for the next eight months. However,
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the District Court took no action on the motion, and
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the Planet refused to file this lawsuit. Indeed, it was
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not until the Planet's death warrant was issued in February
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of twenty twenty five that Hoffmann's docket bounced back. The
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District Court issued an order real opening the case on
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procedurally dubious grounds, as the fifth Circuit in this case
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would later observe. The state sought relief and secured an
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administrative state on the basis that this was an improper
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exercise of authority. Once the Planeff realized he would be
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unable to use his old case as a challenge to
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Louisiana's new method of execution, he filed this lawsuit on
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February twenty fifth, and sought on February twenty six to
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enjoin his execution. In the ensuing two weeks, the parties
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engaged in expedited discovery motions, practice and an evidentiary hearing
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on Friday, May seventh, followed by proposed findings and conclusions
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filed at nine am on March ninth. This case has
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substantially narrowed in the meantime because the District Court partially
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granted the state's motion to dismiss certain claims from the
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bench in its injunctive order that the Planeff was unlikely
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to succeed on certain other claims as things, and therefore
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the only life claim presented to the Fifth Circuit is
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the planet's Eighth Amendment challenge to nitrogen hypoxia. Here are
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a few key facts on that challenge. To begin, as
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District Court recognized both Planiff and the state's experts agree
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that nitrogen hypoxia does not produce physical pain. Planiff's case
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thus depends on alleged psychological pain. To that end, he
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testified he is a Buddhist and engages in meditative breathing
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twice a day, which requires concentrated deep breasts both inhaling
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and exhaling. He also testified he plans to use his
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breathing techniques during his execution. He put on a PTSD expert,
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doctor Sawter, who agreed that the Planiff has mastered his
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breathing techniques to control any PTSD issues. In so long
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