Monday, June 22, 2026

Sister Helen Prejean & the death penalty: A Critical Review

Sister Helen Prejean & the death penalty: A Critical Review  
Dudley Sharp  
first published May 4, 2009, at  http://homicidesurvivors.com/2009/05/04/ sister-helen-prejean-the-death-penalty-a-critical-review/   

“On November 5, 1977, the Bourque’s teenage daughter, Loretta, was found  murdered in a  trash pile near the city of New Iberia, Louisiana lying side by side  near her  boyfriend–with three well-placed bullet holes behind each head. " 

” . . .makes you realize the Dead Man Walking truly belongs on the shelf in the   library in the Fiction category.”  “Being devout Catholics, ‘the norm’ would be to  look to the church for support and healing. Again, this need for spiritual stability was stolen by Sister Prejean.”   The Bourques, Victim Survivors, Dead Family Walking

I. From Dead Family Walking: The Bourque Family Story of Dead Man
 Walking , 
by D. D. deVinci, Goldlamp Publishing, 2006, www.deadfamilywalking.com/    
contact: T.J. Edler, 337-967-0840       


II.  The Victims of Dead Man Walking by Michael L. Varnado, Daniel P. 
Smith   

comment —  A very different story than that written by Sister Helen Prejean. 
Detective Varnado was the investigating officer in the murder of Faith Hathaway. 

III.   Death Of Truth:  Sister Prejean’s book The Death Of Innocents: An 
Eyewitness  Account of Wrongful Executions.   

Four articles   

(a) “FOR GOOD REASON, JOE 
O’DELL IS ON DEATH ROW” 
scholar.lib.vt.edu/VA-news/VA-Pilot/issues/1995/vp950728/07210224.htm   

quote: “The DNA report commissioned by O’Dell and his lawyers actually 
corroborates O’Dell’s guilt. There is a three-probe DNA match indicating that the 
bloodstains on O’Dell’s clothing is indeed consistent with the victim Helen 
Schartner’s DNA as well as her blood type and enzyme factors.” “There is certainly
no truth to O’Dell’s accusation that evidence was suppressed or witnesses 
intimidated by the prosecution.”   

(b) “Sabine district attorney disputes author’s 
claims in book” www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20050124/NEWS01/501240328/1060   

quote: “I don’t know whether she is deliberately trying to mislead the public or if she’s being mislead by others. But she’s wrong,” 
District Atty. Burkett, dburkett@cp-tel.net   

(c)  Book Review: “Sister Prejean’s Lack of Credibility: Review of “The Death of 
Innocents”, by Thomas M. McKenna (New Oxford Review,  12/05). http://www.newoxfordreview.org/reviews.jsp?did=1205-mckenna   

“The book is moreover riddled with factual errors and misrepresentations.”   
“Williams had confessed to repeatedly stabbing his victim, Sonya Knippers.”   “This 
DNA test was performed by an independent lab in Dallas, which concluded that
 there was a one in nearly four billion chance that the blood could have been 
someone’s other than Williams’s.”   

” . . . despite repeated claims that (Prejean) cares about crime victims, (she) implies
 that the victim’s husband was a more likely suspect but was overlooked because the authorities wanted to convict a black man.”   

” . . . a Federal District Court . . . stated that ‘the evidence against Williams was 
overwhelming.’  ” “The same court also did “not find any evidence of racial bias 
specific to this case.”    

“(Prejean’s) broad brush strokes paint individual jurors, prosecutors, and judges with the term “racist” with no facts, no evidence, and, in most cases, without so much as having spoken with the people she accuses.”   

“Sr. Prejean also claims that Dobie Williams was mentally retarded. But the same 
federal judge who thought he deserved a new sentencing hearing also upheld the 
finding of the state Sanity Commission report on Williams, which concluded that he had a “low-average I.Q.,” and did not suffer from schizophrenia or other major 
affective disorders. Indeed, Williams’s own expert at trial concluded that Williams’s
 intelligence fell within the “normal” range. 

Prejean mentions none of these facts.”   

“In addition to lying to the police about how he came to have blood on his clothes, the best evidence of O’Dell’s guilt was that Schartner’s (the rape/murder victim’s) blood was on his jacket. Testing showed that only three of every thousand people share the same blood characteristics as Schartner. Also, a cellmate of O’Dell’s testified that O’Dell told him he killed Schartner because she would not have sex with him.”  
 
“After the trial, LifeCodes, a DNA lab that O’Dell himself praised as having “an 
impeccable reputation,” tested the blood on O’Dell’s jacket — and found that it was a genetic match to Schartner. When the results were not to his liking, O’Dell, and of 
course Sr. Prejean, attacked the reliability of the lab O’Dell had earlier praised. 

Again, as with Williams’s conviction, the federal court reviewing the case characterized the evidence against O’Dell as ‘vast’ and ‘overwhelming.’  “   

Sr. Prejean again sees nefarious forces at work. Not racism this time, for O’Dell was 
white. Rather, she charges that the prosecutors were motivated to convict by desire
for advancement and judgeships. Yet she never contacted the prosecutors to interview them or anyone who might substantiate such a charge.   

“(Prejean) omits the most damning portion of (O’Dell’s criminal) record: an 
abduction charge in Florida where O’Dell struck the victim on the head with a gun 
and told her that he was going to rape her. This very similar crime helped the jury 
conclude that O’Dell would be a future threat to society. It supports the other 
evidence of his guilt and thus undermines Prejean’s claim of innocence.”   

“There is thus a moral equivalence for Prejean between the family of an innocent 
victim and the newfound girlfriend of a convicted rapist and murderer.”   

“This curious definition of “the victims” suggests that her concern for “victims” seems to be more window-dressing for her cause than true concern.”   

(d) Hardly The Death Of Innocents: Sister Prejean tells it like it wasn’t — Joseph O’Dell by Anonymous, at author’s request   

In lionizing convicted murderer Joseph O’Dell as being an innocent man railroaded
to his 1997 execution by Virginia  prosecutors, Sister Helen Prejean presents a 
skewed summary of the case to bolster her anti-death penalty agenda. While she is 
a gifted speaker, she is out of her element when it comes to “telling it as it was” in 
these cases.   

Prejean got to walk with O’Dell into the death chamber at Greensville Correctional 
Center on July 22, 1997. However, she wasn’t in Virginia Beach some 12 years earlier when he committed the crime for which he was arrested, convicted and sentenced to death. That is where the real demon was evident, not the sweet talking condemned con-man that she met behind bars. O’Dell was, in the words of then Virginia Beach Deputy Commonwealth’s Attorney Albert Alberi (case prosecutor), one of the most  savage, dangerous criminals he had encountered in a two decade career.   Indeed, O’Dell had spent most of his adult life incarcerated for various crimes since the age of 13 in the mid-1950’s. 

At the time of the Schartner murder in Virginia, O’Dell had been recently paroled 
from Florida where he had been serving a 99 year sentence for a 1976 Jacksonville 
abduction that almost ended in a murder of the female victim (had not police arrived) in the back of his car.   The circumstances of that crime were almost identical to those surrounding Schartner’s murder. The victim of the Florida case even showed up in Virginia to testify at the trial.   

Scarcely a mention of this case is made in the Prejean book.   

Briefly, let me outline some of the facts about the case: 

Victim Helen Schartner’s blood was found on the passenger seat of Joseph O’Dell’s
vehicle. 
Tire tracks matching those on O’Dell’s vehicle were found at the scene where Miss 
Schartner’s body was found. The tire tread design on O’Dell’s vehicle wheels were so unique, an expert in tire design couldn’t match them in a manual of thousands of  other tire treads. 
The seminal fluids found on the victim’s body matched those of Mr. O’Dell and pubic hairs of the victim were found on the floor of his car.   
The claims that O’Dell was “denied” his opportunity to present new DNA evidence on appeals were frivolous. In fact, he had every opportunity to come forward with this evidence, but his lawyers refused to reveal to the court the full findings of the tests which they had arranged to be done on a shirt with blood stains, which O’Dell’s counsel claimed might show did not have the blood marks from the defendant or the victim.   

Manipulative defense lawyer tactics were overlooked by Prejean in her narrative.  

O’Dell was far from a victim of poor counsel.  As matter of fact, the city of Virginia 
Beach and state government gave O’Dell an estimated $100,000 for his defense team at trial.  This unprecedented amount nearly bankrupted the entire indigent defense fund for the state. He had great lawyers, expert forensic investigators and every point at the trial was contested two to five times.  

There was no “rush to justice” in this case.   

O’Dell’s alibi for the night of Schartner’s murder was that he had gotten thrown out of the bar where he encountered Schartner, following a brawl. However, none of the several dozen individuals supported his contention – there weren’t any fights that night. 

Rather, several saw Miss Schartner getting into O’Dell’s car on what would be her last ride.   

But Prejean would want us to believe the claims of felon Joseph O’Dell. He had three trips to the United States Supreme Court and the “procedural error” which Prejean claims ultimately doomed him was the result of simple ignorance of basic appeals rules by his lawyers.   

Nothing in the record ever suggested that Joseph O’Dell, two time killer and rapist, 
was anything but guilty of the murder of Helen Schartner.   Justice was properly 
served.   

IV.   Sister Helen Prejean on the death penalty   

“It is abundantly clear that the Bible depicts murder as a capital crime for which 
death is considered the appropriate punishment, and one is hard pressed to find a 
biblical ‘proof text’ in either the Hebrew Testament or the New Testament which 
unequivocally refutes this. Even Jesus’ admonition ‘Let him without sin cast the firsstone,’ when He was asked the appropriate punishment for an adulteress (John 8:7) – the Mosaic Law prescribed death – should be read in its proper context. This passage is an ‘entrapment’ story, which sought to show Jesus’ wisdom in besting His  adversaries. It is not an ethical pronouncement about capital punishment .” 
Sister Helen Prejean, within her book, Dead Man Walking.   

The sister’s analysis is consistent with much theological scholarship. Also, much 
scholarship questions the authenticity of John 8:7.   From here, the sister states that “ . . .  more and more I find myself steering away from such futile discussions (of  Biblical text). Instead, I try to articulate what I personally believe . . . ” 

The sister has never shied away from any argument, futile or otherwise, which 
opposed the death penalty. She has abandoned biblical text for only one reason: 
the text conflicts with her personal beliefs.   

Sister Prejean rightly cautions: “Many people sift through the Scriptures and select 
truth according to their own templates.” (Progressive, 1/96). Sadly, Sister Prejean 
appears to do much worse. The sister now uses that very same biblical text “Let the 
one who is without sin cast the first stone” as proof of Jesus’ “unequivocal” rejection of capital punishment as “revenge and unholy retribution”!  (see Sister Prejean’s 12/12/96 fundraising letter on behalf of the Saga Of Shame book project for Quixote Center/Equal Justice USA) 
      
V. Redemption and the death penalty   

The movie Dead Man Walking reveals a perfect example of how just punishment and redemption can work together. Had rapist/murderer Matthew Poncelet not been properly sentenced to death by the civil authority, he would not have met Sister Prejean, he would not have received spiritual instruction, he would not have taken responsibility for his crimes and he would not have reconciled with God.   

Had Poncelet never been caught or had he only been given a prison sentence, his 
character makes it VERY clear that those elements would not have come together. 
Indeed, for the entire film and up until those last moments, prior to his execution, 
Poncelet was not truthful with Sister Prejean. His lying and manipulative nature was fully exposed at that crucial time. 

It was not at all surprising, then, that it was just prior to his execution that all of the spiritual elements may have come together for his salvation. It was now, or never.
   
Truly, just as St. Aquinas stated, it was Poncelet’s pending execution which may have led to his repentance. For Christians, the most crucial concerns of Dead Man Walkinmust be and are redemption and eternal salvation.    

For that reason, it may well be, for Christians, the most important pro-death penalty movie ever made. 

In the book, murderer Patrick Sonnier stated: “I don’t want to leave this world with 
any hatred in my heart. I want to ask your forgiveness for what me and Eddie done, 
but Eddie done it”.   

Prejean says: “(Patrick Sonnier)  seems to accept that he is responsible for what had happened, even though he claims not to have killed the teenagers. … I suspend 
judgment. With the electric chair waiting, with death close like this, who the 
triggerman was seems not the point.”   

The most important point of any Christian ministry is salvation. If  the most 
important part of any Christian ministry is saving souls, and Sonnier is lying, and 
redemption is undermined, that seems a very important point.  

What could be a more important point for a death row ministry? 

Ending the death penalty? 

In the movie, murderer Matthew Poncelet repeats the final words of one of the real 
murderers, Robert Willie: “I would just like to say … that I hope you get some relief 
from my death. Killing people is wrong. That’s why you’ve put me to death. It makes no difference whether it’s citizens, countries, or governments. Killing is wrong.”   

Here, tragically, hauntingly, it seems that Sister Prejean has taught Willie to be an 
anti death penalty activist. The crucial elements of atonement, expiation, 
responsibility and forgiveness are replaced by the  classic anti death penalty saying 
that all “Killing is wrong”,  the amoral position of equating murder and execution, 
violent crime and just sanction, the guilty murderer with the innocent victim – the 
worst set of messages for the murderer’s redemption.   

In his final statement, Kenneth Gentry, executed April 16, 1997, for the premeditated murder of his friend Jimmy Don Ham, stated: “I’d like to thank the Lord for the  past 14 years (on death row) to grow as a man and mature enough to accept what’s happening here tonight. To my family, I’m happy. I’m going home to Jesus.” 

As the lethal drugs began to flow, Gentry cried out, “Sweet Jesus, here I come. Take 
me home. I’m going that way to see the Lord.” (Michael Gracyk, Associated Press, Houston Chronicle, 4/17/97).    

We cannot know if Gentry or the two real murderers from the DMW book really did
 repent and receive salvation.   But, we do know that St. Aquinas advises us that 
murderers should not be given the benefit of the doubt. We should err on the side of caution and not give murderers the opportunity to harm again.   

“The fact that the evil, as long as they live, can be corrected from their errors does not prohibit the fact that they may be justly executed, for the danger which threatens from their way of life is greater and more certain than the good which may be expected from their improvement. They also have at that critical point of death the opportunity to be converted to God through repentance. And if they are so stubborn that even at the point of death their heart does not draw back from evil, it is possible to make a highly probable judgement that they would never come away from evil to the right use of their powers.” St. Thomas Aquinas, Summa Contra Gentiles, Book III, 146.       

VI. On God and the death penalty   

“(Sister Prejean)  received nothing but a stony silence, however, when she questioned the basis of the biblical crucifixion story as a “projection of our violent society.”

“Is this a God?” Prejean asked about the belief that God allowed his son, Jesus, to be sacrificed for the sins of humanity. “Or is this an ogre?” 

“The audience — to that point in strong agreement with the author of “Dead Man 
Walking” — said and did nothing.” (“God, ogre comparison doesn’t fly with interfaith crowd”, Paul A. Anthony, Rocky Mountain News, 03:35 p.m., August 24, 2008).   

It is understandable that the audience was stunned. Sister Prejean is questioning the bedrock of the Christian faith.   

Appropriately, Pope Benedict XIV appears to rebuke her a few days later:  

“If to save us the Son of God had to suffer and die crucified, it certainly was not because of a cruel design of the heavenly Father. The cause of it is the gravity of the sickness of  which he must cure us: an evil so serious and deadly that it will require all of his bloodIn fact, it is with his death and resurrection that Jesus defeated sin and death, reestablishing the lordship of God.”  (“It Is Not ‘Optional’ for Christians to Take Up the Cross”, 8/31/2008)  http://www.zenit.org/article-23515?l=english   

None should have been surprised.  It is not uncommon for persons of faith to create a god in their own image, to give to that god their values, instead of accepting those values which are inherent to the deity. 

Sister Prejean states, in reference to the death penalty, that “I couldn’t worship a god who is less compassionate than I am.”(Progressive, 1/96).   

She has, thereby, established  her standard of compassion as the basis for God’s 
being deserving of her devotion. If God’s level of compassion does not rise to the
 level of her own, God couldn’t receive her worship.   

Director Tim Robbins (Death Man Walking) follows that same path, “(I) don’t 
believe in that kind of (g)od (that would support capital punishment and, therefore, would be the kind of god who tortures people into their redemption).” (“Opposing The Death Penalty”, AMERICA, 11/9/96, p 12). 

Robbins establishes his standard for his God’s deserving of his belief. God’s standards do not seem to be relevant. Robbins’ sophomoric comparison of capital punishment  and torture are typical of the ignorance in this debate, are remarkably similar to the ogre message from Sister Prejean in Denver and reflect no biblical relevancy.  

The movie scene where Poncelet is raised, vertical, arms outstretched on the gurney,  seems an obvious recreation –  a visual representation of Christ’s crucifixion. That was a conscious decision on the part of director Tim Robbins. It was not in the book and no execution gurney raises in such a fashion.  

        Would it be a reach to call that blasphemous?   Perhaps they should review 
Matthew 5:17-22 and 15:1-9.   And be cautious, for as the ancient rabbis warned,
 “Do not seek to be more righteous than your creator.” (Ecclesiastes Rabbah 7.33)   

Permission for distribution of this document, in whole or in part,  is approved 
with proper attribution.   Dudley Sharp, sharpjfa@aol.com,  832-439-2113, Houston,Texas   
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR,
PBS , VOA and many other TV and radio networks, on such programs as Nightline, 
The News Hour with Jim Lehrer, The O’Reilly Factor, etc., has been quoted in 
newspapers throughout the world and is a published author.  

Sunday, May 31, 2026

Media Disaster: The Guardian (UK, US, Aus)

Alabama Reflector, Join the Club
Florida Phoenix, Join the Club
Newsweek, Join the Club

 
To: The Scott Trust
The Observer
 
bcc: Alabama Attorney General Steve Marshall
many more at bottom
 
RE: ‘Astonishingly cruel’: Alabama seeks to test execution method on death row ‘guinea pig’, Ed Pilkington, The Guardian (US), Sept 2, 2023
 
Subject: "Nitrogen Hypoxia": The Guardian, How bad can journalism get?
 
From:  Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom   
 
Preface
 
The GNM editorial code guidance   A. Accuracy and objectivity
 
"Journalists should take care to be accurate. Significant errors must be corrected as soon as possible, and if a piece of journalism misleads, it should be clarified. Any significant corrections should be made through the readers’ editor. Journalists working in news should always strive to be fair and objective in their reporting, and recognise how their natural personal biases could affect that."
 
 "Comment is free, but facts are sacred." CP Scott
 
Preface 2
 
This is a, fairly, standard piece, by the Guardian, meaning anti-death penalty one-sided, little to no independent research, if any, and little to no fact checking nor vetting of the facts presented, an obvious bias against any balance, a conscious effort to violate ethical standards, if thought was even necessary - at this juncture, it may be automatic.
 
The article is ludicrous, if journalism means anything. Does it?
 
===
 
Method: I quote the article and, then, reply as Sharp.
 
1) Guardian: Title: ‘Astonishingly cruel’: Alabama seeks to test execution method on death row ‘guinea pig’
 
Sharp: The effects of nitrogen hypoxia, have been well known, for decades (1), see sucides, NASA, industrial accidents, etc. (1). Unconsciousness occurs within 12-18 seconds with a tube (1), or, likely, sooner with a mask (1), as planned, and, nearly instantaneous, in some of the industrial accidents (1),  with death. most often, soon thereafter (1). The data is conclusive and consistent (1). There is no suffocation effect.
 
"Astonishing cruel" is the opposite of the known evidence.
 
2) Guardian: "Kenneth Smith is one of two living Americans who can describe what it is like to survive an execution, having endured an aborted lethal injection last November during which he was subjected to excruciating pain tantamount, his lawyers claim, to torture."
 
Sharp: Reality matters. Smith is one of countless millions or billions to have survived needle pricks. For perspective, look at the torture of the actual innocent murder victims.
 
3) Guardian:  "If the state of Alabama has its way, he will become the test dummy for an execution method that has never before been used in judicial killings and which veterinarians consider unacceptable as a form of euthanasia for animals – death by nitrogen gas."
 
Sharp:  Somehow, the Guardian "forgot" to mention that if Smith has his way, he will be executed by nitrogen hypoxia. Pretty huge omission. Nitrogen hypoxia is fine for some animals (2) , but not for others (2). Guardian forget that as well? If facts are sacred, the Guardian knows that the protocols for animals and homo sapiens are very different (1,2). Based upon the huge amount of evidence (1), nitrogen hypoxia will be fine for homo sapien murderers (1), which is why anti-death penalty folks are falling all over themselves to create a fictional response to its use.
 
4) Guardian: "The method, known as “nitrogen hypoxia”, theoretically works by replacing the oxygen breathed by the prisoner with nitrogen."
 
Sharp: Idiotic. It is not, remotely, theoretical (1). It is a fact that we know that is, exactly, how it works. All of the many, well known deaths, by nitrogen hypoxia (1), are because  the displacement of oxygen, by nitrogen, was to a degree that caused unconsciousness and death (1), in the vast majority of cases. It is a well known fact that it works (1).
 
5) The Guardian states knowing that by:
 
Guardian: "In minutes that would reduce oxygen levels in the individual’s brain and other vital organs to fatally low levels, leading to death by suffocation."
 
Sharp: The evidence is that, after taking a full breath of nitrogen gas, that it will take 30 or less to become unconscious, not minutes. That is not theoretical, but a fact, EXCEPT for "by suffocation". There is no suffocation effect with nitrogen hypoxia (1).  Where did the Guardian confirm there was suffocation? Pilkington? You become unconscious and you die, in the majority of cases. Not theoretical. A well known fact (1).
 
6) Guardian:  "Death penalty experts have decried what is in effect a human experiment. The choice of Smith as the first candidate for the technique, less than a year after he experienced a failed execution, has also been criticized as a double violation of the eighth amendment protection against “cruel and unusual punishments”.
 
Sharp: Based upon this article, that would, most likely, be anti-death penalty experts who are as willfully ignorant and/or as, intentionally, misleading as is the Guardian. Why zero balance, intentionally, not including pro-death penalty experts? Pilkington? I know the answer. It is in within this reply.
 
7) Guardian: "In 2022, Smith was one of three Alabama death row inmates who suffered catastrophic lethal injection procedures. Officials spent hours unsuccessfully trying to set an intravenous line through which to pump the drugs into him."
 
Sharp: "!!!Catastrophic!!!" needle pricks.
 
Multiple needle pricks, for any IV process,  are very well known as necessary with those who have vein issues, inclusive of those caused by lifestyle, as with diet, lack of exercise, IV drug use, obesity - all conditions, well known for those living a life of criminal activity, as well as intentional obesity,  intentional dehydration and intentional lack of exercise, a collective, intentional effort to thwart the execution process,  as well as with various medical conditions, not connected to lifestyle or those intentional efforts, as well as by an incompetent IV techs. 
 
8) Guardian: "Earlier that year, the state took more than three hours to kill Joe Nathan James and later abandoned the execution of Alan Miller after also failing to find a vein. An inquiry was held into the string of disasters, but resulted in no meaningful changes."
 
Sharp: "!!!DISASTROUS!!!" needle pricks.
 
Untrue, of course, as Alabama has detailed with the media,  new execution staff have been added, including a pool  of medical professionals, new equipment has been added and more rehearsals have been added and the execution team will be provided more time to complete its duties and they have an additional method of execution, as well.
 
These are the exact, meaningful changes that anyone would expect.  The factual opposite of "no meaningful changes". It is plain, the intention of the Guardian's article.
 
Will the Guardian make all the meaningful changes in their reporting, to avoid such disasters in the future? Pilkington?
 
My guess? They Guardian cares enough NOT to make changes.
 
9) Guardian: "Maya Foa, a joint executive director of Reprieve, the human rights group, said  “Alabama has tortured Kenneth Smith once already, strapping him down and stabbing him with needles for more than an hour in a failed attempt to kill him. It is astonishingly reckless and cruel to try again using an untested execution method that has every chance of causing terrible suffering,” 
 
Sharp: As willfully ignorant and/or as misleading, as the Guardian. There is no difference between Foa and the Guardian, because that is the intended lack of balance. "!!!TORTURE!!!" with needle pricks. Foa, will you present the evidence of "terrible suffering with this method? Pilkington?
 
10) Guardian: "Foa added that Alabama’s new published protocol for death-by-nitrogen was “alarmingly vague – officials evidently don’t know what they are doing and are hoping for the best. The state is treating a human being like a guinea pig in a laboratory and calling it justice.”
 
Sharp: False. It is not vague, at all, as detailed, from the known facts and from the Guardian:
 
11) Guardian: "The protocol includes a brief passage on nitrogen hypoxia that has large sections hidden from public view. “This is a vague, sloppy, dangerous and unjustifiably deficient protocol made all the more incomprehensible by heavy redaction in the most important places,” " The details given are so vague, that it leaves experts to “only speculate about how a state might conduct a nitrogen hypoxia execution” "the placement of a mask on a prisoner’s face “is especially puzzling – what if the inmate tries to take it off, immediately or during the procedure?” said Deborah Denno, a law professor at the Fordham University law school who has done pioneering research on execution methods."
 
Sharp: Quite the pioneer. Denno believes that the murderer will be able to reach up and take the mask off. Really? Dunno is unaware that the arms and body will be secured,  with a system, securing the head. 
 
Even the Guardian has to find both Denno's and Foe's description idiotic. How do we know? Because the Guardian describes the protocol, here:
 
"The protocol, the first that a state has released publicly for nitrogen, indicates that the gas will be pumped into Smith through a “mask assembly”, which will be connected to “breathing gas tubing”. “The mask will be placed and adjusted on the condemned inmate’s face”, it says, and then after the prisoner has been allowed to make a final statement “the Warden will activate the nitrogen hypoxia system”. The gas will be passed through the mask into the prisoner for 15 minutes, or for five minutes beyond the moment that he flatlines, whichever is longer, the protocol says."
 
That is the complete protocol with nitrogen hypoxia. It is that simple, as we, already knew from the tube experiment and with suicides (1), one of which used a mask (1).  The murderers head, arms, legs, hands and body will be secured, on the lethal injection platform, I suspect. The, only, addition, would be a restraint on the head, when using a mask. 
 
12) Guardian: "Joel Zivot, a professor of anesthesiology and an expert in lethal injections at Emory University, said that even the term “nitrogen hypoxia” was a misnomer. “Hypoxia means low in oxygen, so someone has combined that with nitrogen and called it a thing. Medically, it’s not a thing – there is no such thing as nitrogen hypoxia. It’s a made-up term,” Zivot said.
 
Sharp: The Guardian gets three well known anti-death penalty people, none of which are identified as anti-death penalty, within the article., and the Guardian got nothing but nonsense from them. 
 
13) Guardian: "Zivot believes the phrase is being used to normalize an untried killing method. “It creates a false sense that it is medically endorsed, which it is not."
 
Sharp: Laughable. It is a well known killing method, for many decades (1). For medical professionals, who approves of suicides, I can see no reason why they would disapprove of nitrogen hypoxia. 
 
Possibly, Zivot can understand this:
 
Hypoxia can be caused by different things"
  • Anaemia, a condition caused by a reduced amount of functional hemoglobin, reducing the oxygen-carrying capacity of blood,
  • Heart diseases and lung diseases such as COPD, Emphysema, Bronchitis, Pulmonary edema
  • Carbon monoxide poisoning
  • inert gases such as  argon, helium, nitrogen, which can displace the oxygen
Which can be called hypoxia by anemia, or anemia hypoxia, hypoxia by carbon monoxide or carbon monoxide hypoxia, hypoxia by nitrogen or nitrogen hypoxia, Simple, basic. Why Zivot had a hard time with this is not a mystery.
 
14) Guardian: "Zivot suggested, was that Alabama had no idea whether nitrogen could be used to kill Smith without him suffering a cruel and unusual punishment banned under the US constitution. “They have no clear understanding of what they’re supposed to be doing, and yet they are satisfied with scant anecdotal pieces of information for the highest, most serious form of punishment,” he said."
 
Sharp: All of that is, obviously, intentionally false (1). I consider Zivot an anti-death penalty activist, who happens to have an MD. Not much imagination needed.
 
I can see why the Guardian found Foa, Denno and Zivot such informed experts for your story. They have so informed your readers (, as planned?).
 
15) Guardian: "Nitrogen has been approved as an execution method by three states: Alabama, Mississippi and Oklahoma." " By contrast, euthanasia guidelines produced by the American Veterinary Medical Association (AVMA), which represents 100,000 veterinarians in the US, reject nitrogen hypoxia for almost all mammals. The gas creates an environment devoid of oxygen that is “distressing for some species”.
 
Sharp:  All the evidence is that, with the species homo sapiens, there is no distress (1) caused by the nitrogen hypoxia method.  AVMA is speaking of mass killings in rooms, not masks, and in an atmosphere of <2% oxygen, when, instead, in human executions,  a mask will have an atmosphere of 0% oxygen and 100% nitrogen.
 
A completely different species and a completely different protocol, than with AVMA. Obvious.
 
In Closing
 
I find the Guardian article to be inaccurate and misleading. Ask yourself: How could this not be intentional? See Preface.
 
If you find anything I have written to be, factually, in error or misleading, I will be more than happy to review it.
 
This will likely rebut much of the information in your prior death penalty stories (3). I hope you will use it for fact checking/vetting, for the Guardians future death penalty articles and that you will contact the five pro-death penalty experts, therein (3).
 
FN
 
1)  Nitrogen Gas; Flawless, proven, peaceful, unrestricted method of execution 
 
2)  M1.5 NITROGEN, ARGON, p 27-28, AVMA Guidelines for the Euthanasia of Animals: 2020 Edition
 
3) Research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone.  
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
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600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
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Partial CV
 
 
Bcc: many more
Governor Kay Ivey, staff and cabinet
Alabama Dept. of Corrections
ALABAMA BOARD OF PARDONS AND PAROLES
Alabama Crime Victims Compensation Commission
Bibb County Sheriff's Office
Victims of Crime and Leniency
Parents of Murdered Children
Media throughout Alabama & the World