edited and re-sent 2/07/2024
Media Disaster: Nitrogen Hypoxia:
Is Dr. Zivot an ignoramus, a liar, confused, or . . . ?
To: WVTM, NBC Channel 13
Dr. Joel Zivot
The Emory Center For Ethics, faculty, staff and advisory board
American Society of Anesthesiologists, Senior Staff Leadership Team
bcc: Governor Kay Ivey, staff and cabinet
Attorney General Steve Marshall
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
Alabama Press Association
Media throughout Alabama
From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom
Is Dr. Zivot an ignoramus, a liar, confused, or . . . ? Have WVTM, NBC Channel 13 's investigative team figure it out.
as of 1/21/2024 no evidence that WVTM has done so.
First, SCOTUS has, never, found an execution method unconstitutional. One wonders how Zivot arrived at his legal conclusion.
Of no interest to WVTM or their audience?
Secondly, Zivot's explanation of nitrogen hypoxia is very different from 60 years of documented experience and testing, as detailed, below (Nitrogen Gas; Flawless, proven, peaceful).
Of no interest to WVTM or their audience?
Edit: 1/24/2024: WVTM has put in some supportive material for nitrogen hypoxia, but not it's full history, as they should have and are still hiding.
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Nitrogen Induced Hypoxia as a Form of Capital Punishment, Michael P. Copeland, J.D. Thorn Parr, M.S. Christine Papas, J.D., Ph.D. East Central University , 6/08/2018,
or
Am J Forensic Med Pathol 2013;00: 00Y00
You must register
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Zivot was a huge disservice to your viewers and the truth, as detailed, with sources.
The truthful media description for Dr. Zivot would be that he is an anti-death penalty activist, who happens to be an anesthesiologist.
Of no interest to WVTM or their audience?
Of course, WVTM could have done their own homework, which they decided against. Here is what you should have presented to you audience "Nitrogen Gas; Flawless, proven, peaceful, unrestricted method of execution", below.
It is not too late to, properly, inform your audience, is it? Of course not. Do it.
As of 1/24/2024, of no complete review from WVTM?
How Death Penalty Abolitionists Value Murderers More Than Their Innocent Victims and
the Repudiation of Journalism, by Journalists?
As detailed within WVTM's article, and as revealed herein (two articles, just below), if WVTM cared, one wit, about the truth and the innocent murder victims and their loved ones they would have presented a full accounting of both sides of the debate.
In the referenced article, in another case, we find that Shea Pilkington-Wiley's daughter, Madison, was beaten to death. (video here:
Today's journalism, very often, uses anti-death penalty "facts", refuses to fact check and vet them, then refuses to present pro-death penalty research and experts, just as with WVTM, all, intentionally, harming the truth and murder victim survivors, as detailed, here:
30 Examples: How Death Penalty Abolitionists Value
Murderers More Than Their Innocent Victims:
AKA - Full Rebuttal of Sir Richard Branson & His Death Penalty Comments
The Death Penalty: A Repudiation of Journalism, by Journalists?
Of no interest to WVTM or their audience?
Today's Journalism.
Nitrogen Gas; Flawless, proven, peaceful, unrestricted method of execution, September 2014, updated 1/2019
Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom
"(Dr. Phillip) Nitschke called (nitrogen gas hypoxia) "flawless" . . . Inhaling the pure nitrogen, patients lose consciousness immediately (in approximately 12 seconds) and die a few minutes later." ". . . extremely quick . . . no drugs . . . reliable, peaceful, available . . . " (1).
"(Dr. Phillip) Nitschke called (nitrogen gas hypoxia) "flawless" . . . Inhaling the pure nitrogen, patients lose consciousness immediately (in approximately 12 seconds) and die a few minutes later." ". . . extremely quick . . . no drugs . . . reliable, peaceful, available . . . " (1).
Nitschke said he "could envision scenarios where (Smith's, the first nitrogen hypoxia) execution goes quickly or seriously awry," if Smith’s facial hair, jaw movements and involuntary movements may affect the seal of the mask (1a).
It appears that Smith's execution went, quickly, as predicted: He held his breath, while fighting his restraints, for about 2 minutes, with the next 20-60 seconds being exhale and 1-2 breaths, prior to unconsciousness, with no visible breathing 8 minutes later, with death soon thereafter.
No panic nor suffocation effect with nitrogen.
"Close contact with an enclosed inert gas (as nitrogen) is lethal because it flushes oxygen from the body, but released into the open air, it quickly disperses, and is safe for others." (2)
A sealed gas chamber is not required - just an oxygen mask and a secured prisoner.
Additional Experiment and Evidence
"Preliminary (human) experiments in which the subjects over-ventilated with nitrogen (gas) for various periods showed that unconsciousness supervened if the duration of this procedure exceeded 16-17 sec. In the majority of these experiments, therefore, the period of over-ventilation with nitrogen was limited to 16 sec." (3) " . . . it was considered that the degree of hypoxia induced by over-ventilation with nitrogen for 15- 16 sec was within acceptable limits for resting subjects." (3).
The above was performed by a tube, as opposed to a chamber, with animal euthanasia. Human executions are, most likely, to be performed by a mask which, because of control, will have results somewhat quicker than those using a tube or chamber.
It appears that nearly every case of accidental death and/or unconsciousness, via nitrogen gas, is close to instantaneous (4,5), as the subjects seemed to have become unconscious so quickly, as to not be able to extricate themselves from the situation (4,5), just as described in the human experiment, above, with the exception that many of the accidental deaths and injuries are in the equivalent of chambers, not a mask, as contemplated with execution.
"You will not recognize you're in trouble in time to take action to save yourself," states CSB (Chemical Safety and Hazard Investigation Board) Investigation Manager Bill Hoyle" (4).
"An oxygen concentration below 19 1/2 percent is considered unsafe for workers; when the oxygen content drops to about 8 or 10 percent, John Vorderbrueggen PE, a lead investigator for CSB, "you don't have much of a chance." (4)
Oxygen concentration will be 0% within the mask, during a nitrogen gas execution.
"If pure nitrogen is being breathed, the alveolar oxygen content from the previously breathed air decreases very fast." "After a few breaths, the alveo-lar spaces become completely filled with pure nitrogen, and hence, the fatal asphyxia of the victim develop." (5)
"According to CSB, during that decade (1992-2002) there were 85 nitrogen (gas) asphyxiation incidents, resulting in 80 fatalities and 50 injuries." (4)
Confirming, again, how sudden this can occur: "Approximately 10 percent of (nitrogen gas) fatalities from the CSB data were co-workers attempting to rescue fallen colleagues in confined spaces, . . ." (4)
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The Death Penalty: A Repudiation of Journalism, by Journalists?
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"When sedation was omitted, (animal euthanasia with) nitrogen was quantitatively as effective as pentobarbital alone. An adequate flow of nitrogen is essential and the concentration of oxygen in the euthanasia chamber must be monitored.?" (6).
Very different than the mask, contemplated with human executions.
Nitrogen gas euthanasia works better for some animals than others (7). Nitrogen is not recommended for dogs (8). Pre sedation increases the time to unconsciousness and death (8).
As all animal experiments are done in chambers (6,7,8), it is, considerably different, than an execution procedure with humans, which contemplates using a mask.
NOTE: The botched execution rate with lethal injection is about 1%, not 7%, as any physician should know (9).
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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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1)"Exit International's euthanasia device", Euthanasia device, http://en.wikipedia.org/wiki/Euthanasia_device#Exit_International.27s_euthanasia_device, viewed/copied 3/13/2014.
1a) U.S. Supreme Court rules Alabama can proceed with the country’s first execution by nitrogen gas By KIM CHANDLER, Associated Press Published: January 25, 2024
2) "Inert gas asphyxiation",
http://en.wikipedia.org/wiki/Inert_gas_asphyxiation, viewed/copied 3/13/2014
also see
International Humanitarian Hypoxia Project
International Humanitarian Hypoxia Project
Is There A More Humane Way To Kill?, Lawrence Gist II, 6/22/09
http://express-press-release.net/62/Is%20There%20A%20More%20Humane%20Way%20To%20Kill.php
http://express-press-release.net/62/Is%20There%20A%20More%20Humane%20Way%20To%20Kill.php
Creque, S.A. "Killing with kindness – capital punishment by nitrogen asphyxiation" National Review. 1995-9-11.
6) "Euthanasia of Small Animals with Nitrogen; Comparison with Intravenous Pentobarbital",
John P. Quine, William Buckingham, and Leo Strunin, Canadian Verterinary Journal, Can Vet J. 1988 Sep; 29(9): 724–726.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1680841/?page=3
9) Rebuttal: Botched Executions
3) "The effect of brief profound hypoxia upon the arterial and venous oxygen tensions in man", J. ERNSTING, J. Phy8iol. (1963), 169, pp. 292-311. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1368754/pdf/jphysiol01210-0056.pdf
4) Nitrogen: The Silent Killer, Josh Cable, EHS Today (Environment Health and Safety), Sep 20, 2006,
5) Suicidal Nitrogen Inhalation by use of Scuba Full-Face Diving Mask. Journal of Forensic Sciences 58(5) · July 2013, DOI: 10.1111/1556-4029.12239 · Source: PubMed https://www.researchgate.net/publication/253647263_Suicidal_Nitrogen_Inhalation_by_use_of_Scuba_Full-Face_Diving_Mask
6) "Euthanasia of Small Animals with Nitrogen; Comparison with Intravenous Pentobarbital",
John P. Quine, William Buckingham, and Leo Strunin, Canadian Verterinary Journal, Can Vet J. 1988 Sep; 29(9): 724–726.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1680841/?page=3
7) AVMA Guidelines for the Euthanasia of Animals: 2013 Edition, pg 23-24,,
https://www.avma.org/KB/Policies/Documents/euthanasia.pdf8) "Methods for the Euthanasia of Dogs and Cats: Comparison and Recommendation, pg 18, World Society for the Protection of Animals,
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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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Victim Services
Additional research,w/sources, w/fact checking/vetting & critical thinking, as required of everyone.
1) The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
(7 pro-death penalty experts are included)
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Partial CV
