Alabama Death Row Inmate Executed Despite Claim of Cruel and Unusual Punishment
Friday morning, James Barber, a death row inmate in Alabama, was executed for the 2001 murder of Dorothy Epps. This comes after the US Supreme Court denied Barber’s request for a stay of execution, disregarding his claim that lethal injection could result in cruel and unusual punishment.
Barber’s execution took place at 1:56 a.m. CT at the William C. Holman Correctional Facility in Atmore. Alabama Attorney General Steve Marshall released a statement, saying, “Justice has been served. This morning, James Barber was put to death for the terrible crime he committed over two decades ago: the especially heinous, atrocious, and cruel murder of Dorothy Epps. I ask the people of Alabama to join me in praying for the victim’s family and friends, that they might now be able to find some sense of peace and closure.”
Throughout his appeals process, Barber sought to prevent his execution by any method other than nitrogen hypoxia, an alternative to lethal injection allowed under Alabama law but never used before. He argued that lethal injection would violate his rights under the Eighth Amendment, citing previous botched executions in the state.
Barber’s attorneys pointed to three executions last year where Department of Corrections officials struggled to administer the lethal drugs due to difficulties setting intravenous lines in the condemned inmates’ veins. These incidents brought heightened scrutiny to Alabama’s lethal injection process and led to a review of the protocol by Governor Kay Ivey.
In February, Governor Ivey announced that executions could resume once the Department of Corrections completed its review and implemented changes to address the issues. Despite Barber’s argument that no meaningful improvements had been made to the protocol, the US Supreme Court agreed to proceed with his execution. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented from the denial of application for a stay.
One of Barber’s main concerns was his elevated body mass index, which his attorneys claimed made it more difficult to access his veins for a successful lethal injection. Barber requested nitrogen gas as his preferred method of execution, but the state has not finalized its protocols for this alternative method.
The US District Court for the Middle District of Alabama and the 11th Circuit both rejected Barber’s claim, stating that the Department of Corrections had made significant changes to the lethal injection protocol.
Despite Barber’s plea for a different method of execution, his execution proceeded as scheduled. His case highlights the ongoing debate surrounding lethal injection and alternative methods of execution in the United States.