ATMORE, Ala. (AP) — An Alabama inmate convicted of the 1994 murder of a female hitchhiker was scheduled to become the third person in the nation executed using nitrogen gas on Thursday evening.
Carey Dale Grayson, now 50, was one of four teens convicted of killing Vickie Deblieux, 37, who was hitchhiking through Alabama on her way to her mother’s home in Louisiana. Grayson's execution was set to be carried out after 6 p.m. local time at the William C. Holman Correctional Facility in south Alabama.
Alabama this year began using nitrogen gas to carry out some death sentences, the first use of a new execution method in the U.S. since lethal injection was introduced in 1982. The method involves placing a respirator gas mask over the person’s face to replace breathable air with pure nitrogen gas, causing death by lack of oxygen.
The U.S. Supreme Court on Thursday morning turned down Grayson's request for a stay. No other appeals were pending.
Alabama maintains the method is constitutional. But critics — citing how the first two people executed shook for several minutes — say the method needs more scrutiny, particularly if other states follow Alabama’s path.
“The normalization of gas suffocation as an execution method is deeply troubling,” said Abraham Bonowitz, executive director of Death Penalty Action, a group seeking to stop executions and abolish the death penalty.
Deblieux’s mutilated body was found at the bottom of a bluff near Odenville, Alabama, on Feb. 26, 1994. Prosecutors said Deblieux was hitchhiking from Chattanooga, Tennessee, to her mother’s home in West Monroe, Louisiana, when four teens offered her a ride. Prosecutors said the teens took her to a wooded area and attacked and beat her. They threw her off a cliff and later returned to mutilate her body.
A medical examiner testified that Deblieux’s face was so fractured that she was identified by an earlier X-ray of her spine. Her fingers had also been severed. Investigators said the four teens were identified as suspects after one of them showed a friend a severed finger and boasted about the killing.
Grayson is the only one of the four facing a death sentence since the others were under 18 at the time of the killing. Grayson was 19. Two of the teens were initially sentenced to death but those sentences were set aside when the U.S. Supreme Court banned the execution of offenders who were younger than 18 at the time of their crimes. Another teen involved in Deblieux’s killing was sentenced to life in prison.
In the hours ahead of his execution, Grayson visited with his attorneys. He also requested a seafood platter and tacos and burritos for a meal, food brought in from restaurants near the prison.
Grayson’s final appeals focused on the call for more scrutiny of the new execution method. They argued that the person experiences “conscious suffocation” and that the first two nitrogen executions did not result in swift unconsciousness and death as the state promised.
“Given this is the first new execution method used in the United States since lethal injection was first used in 1982, it is appropriate for this Court to reach the issues surrounding this novel method,” Grayson’s attorneys wrote. His attorneys on Thursday morning filed a separate emergency motion with a federal judge asking that he be allowed to take a sedative before the execution to help with his fear. However, they later withdrew the motion.
Lawyers for the Alabama attorney general’s office asked justices to let the execution go forward, saying a lower court found Grayson’s claims speculative.
The state lawyers wrote that Alabama’s “nitrogen hypoxia protocol has been successfully used twice, and both times it resulted in a death within a matter of minutes.”
A demonstrator holds a sign during a protest outside the Capitol in Montgomery, Ala., on Monday, Nov. 18, 2024, against a scheduled execution in Alabama using nitrogen gas. (Kim Chandler/Associated Press)
Abe Bonowitz of Death Penalty Action leads a outside the Capitol in Montgomery, Ala., on Monday, Nov. 18, 2024, against a scheduled execution in Alabama using nitrogen gas. (Kim Chandler/Associated Press)
WASHINGTON (AP) — Matt Gaetz withdrew Thursday as President-elect Donald Trump’s pick for attorney general amid continued fallout over a federal sex trafficking investigation that cast doubt on his ability to be confirmed as the nation's chief federal law enforcement officer.
The announcement caps a turbulent eight-day period in which Trump sought to capitalize on his decisive election win to force Senate Republicans to accept provocative selections like Gaetz, who had been investigated by the Justice Department before being tapped last week to lead it. The decision could heighten scrutiny on other controversial Trump nominees, including Pentagon pick Pete Hegseth, who faces sexual assault allegations that he denies.
“While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition,” Gaetz, a Florida Republican who one day earlier met with senators in an effort to win their support, said in a statement.
“There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as Attorney General. Trump’s DOJ must be in place and ready on Day 1," he added.
Trump, in a social media post, said: “I greatly appreciate the recent efforts of Matt Gaetz in seeking approval to be Attorney General. He was doing very well but, at the same time, did not want to be a distraction for the Administration, for which he has much respect. Matt has a wonderful future, and I look forward to watching all of the great things he will do!”
He did not immediately announce a new selection. Last week, he named personal lawyers Todd Blanche, Emil Bove and D. John Sauer to senior roles in the department. Another possible contender, Matt Whitaker, was announced Wednesday as the U.S. ambassador to NATO.
The withdrawal, just a week after the pick was announced, averts what was shaping up to be a pitched confirmation fight that would have tested how far Senate Republicans were willing to go to support Trump’s Cabinet picks.
The selection of the fierce Trump ally over well-regarded veteran lawyers whose names had circulated as possible contenders stirred concern for the Justice Department's independence at a time when Trump has openly threatened to seek retribution against political adversaries. It underscored the premium Trump places on personal loyalty and reflected the president-elect's desire to have a disruptor lead a Justice Department that for years investigated and ultimately indicted him.
In the Senate, deeply skeptical lawmakers sought more information about Justice Department and congressional investigations into sex trafficking allegations involving underage girls, which Gaetz has denied. Meanwhile, Justice Department lawyers were taken aback by the pick of a partisan lawmaker with limited legal experience who has echoed Trump's claims of a weaponized criminal justice system.
As Gaetz sought to lock down Senate support, concern over the sex trafficking allegations showed no signs of abating.
In recent days, an attorney for two women said his clients told House Ethics Committee investigators that Gaetz paid them for sex on multiple occasions beginning in 2017, when Gaetz was a Florida congressman.
One of the women testified she saw Gaetz having sex with a 17-year-old at a party in Florida in 2017, according to the attorney, Joel Leppard. Leppard has said that his client testified she didn’t think Gaetz knew the girl was underage, stopped their relationship when he found out and did not resume it until after she turned 18. The age of consent in Florida is 18.
"They’re grateful for the opportunity to move forward with their lives,” Leppard said Thursday of his clients. “They’re hoping that this brings final closure for all the parties involved.”
Gaetz has vehemently denied any wrongdoing. The Justice Department’s investigation ended last year with no charges against him.
Gaetz’s political future is uncertain.
He had abruptly resigned his congressional seat upon being selected as attorney general, a move seen as a way to shut down the ethics investigation into sexual misconduct allegations. He did win reelection in November for the new Congress, which convenes Jan. 3, 2025, but he said in his resignation letter last week to House Speaker Mike Johnson that he did not intend to take the oath of office. He transmitted a similar letter to Florida Gov. Ron DeSantis as the state launched a special election process to fill the vacancy.
Republicans on the House Ethics Committee declined this week to release the panel's findings, over objections from Democrats in a split vote. But the committee did agree to finish its work and is scheduled to meet again Dec. 5 to discuss the matter.
As word of Gaetz's decision spread across the Capitol, Republican senators seemed divided.
Oklahoma Sen. Markwayne Mullin, who served with Gaetz in the House, called it a “positive move." Maine Sen. Susan Collins said Gaetz “put country first and I am pleased with his decision.”
Others said they had hoped Gaetz could have overhauled the department.
Florida Sen. Rick Scott, a close ally of Trump, said he was “disappointed. I like Matt and I think he would have changed the way DOJ is run.”
Kentucky Sen. Rand Paul said he hoped that Trump will pick someone “equally as tenacious and equally as committed to rooting out and eliminating bias and politicization at the DOJ.”
Gaetz is not the only Trump pick facing congressional scrutiny over past allegations.
A detailed investigative police report made public Wednesday shows that a woman told police that she was sexually assaulted in 2017 by Hegseth, the former Fox News host now tapped to lead the Pentagon, after he took her phone, blocked the door to a California hotel room and refused to let her leave.
“The matter was fully investigated and I was completely cleared,” Hegseth told reporters Thursday at the Capitol, where he was meeting with senators to build support for his nomination.
Associated Press writers Michelle L. Price, Lisa Mascaro, Mary Clare Jalonick and Adriana Gomez Licon contributed to this report.
Matt Gaetz arrives before President-elect Donald Trump speaks during an America First Policy Institute gala at his Mar-a-Lago estate, Thursday, Nov. 14, 2024, in Palm Beach, Fla. (AP Photo/Alex Brandon)
President-elect Donald Trump's nominee to be attorney general, former Rep. Matt Gaetz, R-Fla., center, and Vice President-elect JD Vance, left, walk out of a meeting with Republican Senate Judiciary Committee members, at the Capitol in Washington, Wednesday, Nov. 20, 2024. (AP Photo/Ben Curtis)
President-elect Donald Trump's nominee to be attorney general, former Rep. Matt Gaetz, R-Fla., closes a door to a private meeting with Vice President-elect JD Vance and Republican Senate Judiciary Committee members, at the Capitol in Washington, Wednesday, Nov. 20, 2024. (AP Photo/J. Scott Applewhite)
