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Alabama governor schedules third execution using nitrogen gas for November

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Alabama Gov. Kay Ivey has set Nov. 21 as the date for the third death sentence in the country to be carried out by nitrogen gas, with all three executions happening in Alabama. The execution date for Carey Dale Grayson, 49, was scheduled after the Alabama Supreme Court ruled last week that it could be carried out. Grayson was one of four teenagers convicted in the 1994 killing of 37-year-old Vickie Deblieux.

In January, Alabama became the first state to use nitrogen gas for an execution when it carried out the death penalty for convicted killer Kenneth Smith, who survived an execution attempt by lethal injection in 2022. The execution method has been criticized as inhumane and a form of torture, as Smith appeared to shake and writhe on the gurney before succumbing to the gas.

A second execution using nitrogen gas for Alan Eugene Miller is scheduled for Sept. 26. Grayson, who is set to be executed on Nov. 21, has an ongoing lawsuit seeking to block the state from using the same protocol that was used to execute Smith, arguing that the method causes unconstitutional levels of pain.

Grayson was charged with torturing and killing Deblieux in 1994, along with two other teenagers. While the other two teenagers had their death sentences set aside due to their age at the time of the crime, Grayson, who was 19 at the time, was unable to escape the death penalty.

The use of nitrogen gas for executions has sparked controversy and criticism, with some calling it a cruel and unusual punishment. The Associated Press contributed to this report.

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