The Clock Is Ticking: Lee's Legal Team Asks for a Ruling Tonight

With Jeffery Lee's execution window opening in less than 48 hours, his legal team filed an emergency motion in the Middle District of Alabama tonight asking Judge Marks to rule by 11:59 p.m. CT Tuesday — tonight.

The motion asks for two things: first, a final judgment in Mr. Lee's favor permanently enjoining nitrogen hypoxia and ordering that any execution proceed only by firing squad. In the alternative, a stay of the June 11–12 execution pending that ruling.

The argument is straightforward. Hours earlier, the Eleventh Circuit found that Alabama's nitrogen hypoxia protocol causes one to three minutes of conscious suffering — severe air hunger described as worse than pain, akin to drowning — and that this violates the Eighth Amendment. The only remaining question is whether the firing squad is a viable alternative. Lee's team says the trial record already answers that: their expert testified, essentially unrebutted, that multiple rifle shots to the cardiac bundle render an inmate unconscious in three to five seconds with no appreciable pain. Even the state's own corrections officials admitted on the stand that firing squad could be staffed and implemented if the legislature authorized it.

A midnight Tuesday deadline is the minimum time needed to allow for any appeals before the execution window opens Thursday at 12:00 a.m.

Follow this space for updates as the litigation develops.