Legal representatives of a death row inmate set to be executed today (18 March) in Louisiana by a controversial method have argued that it would be wrong as it would impinge upon his religious beliefs.
Jesse Hoffman is set to be executed by nitrogen gas, a method Louisiana has banned from being used to euthanise cats and dogs, after 6pm local time today after being sentenced to death for rape and murder in 1996.
There have been many objections to the use of nitrogen gas as the execution method since campaigners have claimed it is an inhumane way to kill someone.
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However, the death row inmate's attorneys have given another reason why he should not be put to death by gas.
USA Today reports that Hoffman's legal representatives have said that the death row inmate has become a Buddhist and believes that if he cannot breath properly when he dies it could cause a 'negative rebirth'.
They said: "Mr. Hoffman sincerely believes that he must practice his Buddhist breathing exercises at the critical transition between life and death.
"He believes that if he has traumatic final moments, they can lead to a negative rebirth."
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Cecelia Kappel, one of Hoffman’s attorneys, said that there were other execution methods which could be used without restricting the 46-year-old's breathing.
She said: "It would be unconscionable for the Supreme Court to allow Jessie to be executed before these questions of religious freedom and cruel and unusual punishment are fully considered.
"There are plenty of execution methods that would not interfere with Jessie’s religious practice, but nitrogen gas uniquely makes it impossible for him to meditate as he dies."
Beyond religious reasons Hoffman's attorneys have said that execution by nitrogen gas is a cruel and unusual punishment, and that during executions carried out in Alabama, the only US state to have used it before, death row inmates appeared to be in distress.
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When Kenneth Smith was executed last year an observer described his death thusly: "Smith writhed and convulsed on the gurney. He took deep breaths, his body shaking violently with his eyes rolling in the back of his head."
Roney went on: "Smith clenched his fists, his legs shook... He seemed to be gasping for air. The gurney shook several times."
A federal district court had previously given Hoffman a preliminary injunction after ruling that nitrogen gas is likely to violate the eighth amendment in the US, but a court of appeals overturned that decision on Friday (14 March) and cleared the way for his execution.
Hoffman could still be granted a stay of execution, but there is not much time.
Joe Harker