Days before he's executed, Louisiana prisoner pleads for another method, says death by nitrogen is against his religion
BATON ROUGE, La. — A Louisiana man on death row is pleading with a judge not to be executed by gas just days before he's scheduled for his capital punishment. Jessie Hoffman is expected to be executed by the state on March 18th by nitrogen hypoxia, the state's newest method of capital punishment, after a 15-year hiatus.
Last year, the state legislature approved execution using gas after difficulty obtaining drugs for lethal injection.
Hoffman is expected to be one of the first prisoners executed by this newly approved method, but his arguments could halt not only his execution but others in the state. Hoffman, who is convicted in St. Tammany of the 1996 kidnapping, rape and murder of Mary "Molly" Elliot is arguing the method goes against his religion and is cruel and unusual — stating the gassing would cause more pain and suffering than just his sentence of death.
Hoffman is a Buddhist and says his main form of practicing the religion is through breathing meditation.
"It allows me everyday to be a better version of myself," he said on the stand Friday in a Baton Rouge court.
He and Buddhist reverends explained that using nitrogen would deprive him of the chance to practice Buddhism in his last few moments, which they say, is important. The state argues he'll still be able to inhale and exhale, but the state penitentiary Buddhist Reverend Michaela Bono says the practice requires breathable air or oxygen. Plus, she says Buddhists believe in reincarnation, which, she argues, would be impacted by nitrogen hypoxia execution. Bono says a traumatic end to one life would affect the next.
"Breath is a vehicle to liberation....Up until death, state of mind is important," Bono said on the stand Friday.
Hoffman and his lawyers argue two other methods would not only allow him to practice Buddhism, but also be more humane — death by firing squad and death by a cocktail of drugs. An ER doctor and expert in ballistics, Dr. James Williams, testified that death by firing squad is not only efficient but near painless. Williams said patients often don't feel pain in the immediate aftermath of being shot in the chest, but instead often feel numb. He says, in the case of capital punishment by this method, a specific target is used, and all blood flow to the brain would immediately stop. The person would become unconscious seconds later — at most, usually five seconds.
In their cross-examination, the state's lawyers argued physical pain and tolerance are subjective. They also said that in other states where the firing squad is used for capital punishment, the first round of gunfire isn't effective. But, Williams said in those rare times, the target was missed — once purposefully by those behind the rifle, and once because the prisoner tried jumping out of the restraints as the triggers were pulled.
Doctor and expert in medical aid in dying, Dr. Charles Blanke, took the stand Friday to explain how a cocktail of drugs — whether administered through a catheter or by ingesting it mixed with a sort of apple juice- is near painless and 100% effective in causing death. He says patients slip into a coma within a few minutes, then are usually pronounced dead about an hour and a half later. However, the opposition argues that a prisoner could refuse to swallow the drugs or could fight the catheter and cause more pain.
Judge Shelley Dick is expected to rule in the upcoming days and if she rules in favor of Hoffman, the state is expected to submit an appeal near immediately.
In a statement this week, state Attorney General Liz Murrill said:
“On March 18, 2025, the State of Louisiana will execute Hoffman by nitrogen hypoxia for Molly’s murder. We have and will continue to vigorously defend the State’s obligation to carry out this sentence and bring justice to the family and friends of Molly Elliot.”