June 11, 2026
How Will Jeffrey Lee Die Tonight?
Apple Podcasts 
Spotify 
Castro 
RSS Feed It’s a question the Supreme Court may answer at some point today, as Alabama maintains it will move forward with the planned execution of double murderer Jeffrey Lee despite lower court decisions. Late last night, an appeals court upheld a judge’s ruling this week that Alabama’s nitrogen gas method of execution is unconstitutional because it is cruel and unusual. Alabama may legally follow through with tonight’s planned execution, with one of its other methods: lethal injection or electrocution, unless the Supreme Court steps in and allows the state to use nitrogen gas.
See omnystudio.com/listener for privacy information.
00:00:02
Speaker 1: Hey, that folks. It is Thursday, June eleventh, and an execution is scheduled for tonight, but we still don't know if it's going to go forward after some last minute back and forth legal wrangling and maybe even a landmark court decision in there as well. And with all that, welcome to this episode of Amy and TJ. Robes. This is not just about this one case. This could be enormous. This is a fascinating They all seem to be robes have turned out to be, but this is one of the most fascinating executions we've covered.
00:00:40
Speaker 2: That's true, and we are still unclear right now at the time of this recording whether or not Jeffrey Lee will die tonight.
00:00:48
Speaker 3: In the state of Alabama.
00:00:50
Speaker 2: We have been following this now for a couple of days, but there was a new development last night Wednesday night, a federal appeals court upheld that decision.
00:01:00
Speaker 3: And we told you.
00:01:00
Speaker 2: About earlier by that Alabama judge who blocked the state from using nitrogen gas for tonight's execution. So when the judge made that decision, the state immediately appealed it, and late yesterday we got word from the appeals court that they are upholding that judge's decision that it is cruel and unusual and unconstitutional.
00:01:22
Speaker 1: So as we sit here, Alabama is not allowed to use its preferred method, which is nitrogen gas, to go forward with the execution. Sol Robes, I guess we have two options we are looking at possibly now, one the Supreme Court, two Alabama just going ahead and doing the execution. So Robes, where should we start here this case, Now where it sits, it could be up to the Supreme Court to make a decision not about staying the execution, but about whether or not they can use nitrogen gas.
00:02:00
Speaker 2: Correct, Because yes, the fate of how Jeffrey Lee is going to die is now in the hands of the Supreme Court, it appears, because that is the most likely next step, because yes, when this Appeals Court back to the judge who said Alabama could not execute Lee this way, now they are asking the Supreme Court to step in. And there is precedent here. The Supreme Court has previously cited with the state of Alabama to allow nitrogen executions to proceed after last minute appeals. So there are decisions that we can look to where the Supreme Court, in a very similar situation, has said, you know what, Alabama, you can go ahead and use the gas.
00:02:46
Speaker 1: Wow wow. So that's one option. The Supreme Court, of course, can choose not to get involved, correct and this in the courts. So the decision that stays that will stay in place is the one that says Alabama can't use nitrogen gas. So robes what does the state of Alabama do if they get to execution time and they can't use gas.
00:03:09
Speaker 2: So we heard directly from Governor k Ivy's office after the appeal was denied, and this is what the official response was from the governor. As Alabama continues to defend its execution protocol in the courts, the Governor remains prepared to move forward with the planned execution.
00:03:34
Speaker 1: Didn't say anything about the method.
00:03:36
Speaker 3: Didn't say how.
00:03:37
Speaker 2: And look, they have lethal injection in the state of Alabama and they have an electric chair.
00:03:42
Speaker 1: Now, come on.
00:03:43
Speaker 2: We talked about the electric chair in an episode yesterday. If you're interested in that, please check that one out because we talked about Yellow Mama, big yellow electric chair.
00:03:54
Speaker 3: It is horrible.
00:03:56
Speaker 2: It's frightening to look at because it's so sunny and cheerful, literally painted with the Highway Department yellow paint they use to make those yellow lines on the highway.
00:04:06
Speaker 3: So it's bright, think cheery.
00:04:09
Speaker 1: Think big bird in the form of furniture.
00:04:12
Speaker 3: Yes, except for it kills you.
00:04:14
Speaker 1: It looks like we've talked about those Adirondack chairs when you go out of doing vacation.
00:04:18
Speaker 2: It's the most disturbing thing that is I have seen recently.
00:04:21
Speaker 3: But yeah, so.
00:04:21
Speaker 2: That's there, but it literally would have to be dusted off. It doesn't seem like that's a viable option.
00:04:26
Speaker 1: Twenty two years, I think you said.
00:04:28
Speaker 3: Twenty something years. It's been two decades plus.
00:04:31
Speaker 2: So look, they do and they have absolutely successfully executed inmates using the lethal injection method.
00:04:38
Speaker 3: It's just look, it's been complicated. There have been issues with that.
00:04:41
Speaker 2: So in order to try and find another humane way to execute inmates, Alabama as of twenty twenty four, has been executing inmates using nitrogen gas. So Jeffrey Lee filed an appeal. This is how this all began, saying it's cruel and unusual, and now he's got a judge and an appeals backing that up. And he had some reaction to that news. He told NBC News it's like an expected sigh of relief in one aspect, and then you still got to stay and maintain your focus and continue to fight.
00:05:15
Speaker 3: Fear not. I am not finished. And just you know, to me, my faith is everything.
00:05:21
Speaker 1: Fight, the fight is what The fight is to stay alive, or the fight is to die the way I want to die? What is the fight?
00:05:29
Speaker 2: It probably both. The preferred would be to not die. But he does say I don't fear dying because I know where I would be. He has talked about he's expressed remorse for the killing, so he's not denying that he's murdered these two people in a pawn shop all those years ago, some thirty years ago. But he is now a Christian, and so he says he knows where he is going. But he said, God, he's not finished. He's still working not only on my behalf, but on the other brother's behalf that.
00:05:58
Speaker 3: Are still facing this situation.
00:06:01
Speaker 2: And he's referring to the other men on death row, who also if this case does not change how Alabama executes men will also die by nitrogen gas.
00:06:10
Speaker 3: Likely.
00:06:11
Speaker 1: Um, and I was sorry, I'm stuck on a couple of the soundbites you were reading there. Do you say he doesn't fear death.
00:06:19
Speaker 3: He said, I don't fear dying.
00:06:22
Speaker 1: It doesn't fear dying, just he fears how he crying to die.
00:06:26
Speaker 3: Correct.
00:06:26
Speaker 2: In fact, to that point, he talked about hearing how his friends died by nitrogen gas before him. He said, I was raised up around those guys because when I first got to the row, I was twenty three years old, just turning twenty four when we heard what they went through. Man, it's like losing a family member.
00:06:47
Speaker 1: Wait, twenty three twenty four.
00:06:49
Speaker 3: Heard he was forty nine.
00:06:50
Speaker 1: Now, okay, have they been using nitro's in gas for a year a year and a.
00:06:54
Speaker 2: Half, Okay, But I guess he's known them for that long, Okay, and they So there were seven inmates in that year and a half in the state of Alabama who he was on death row with who died by nitrogen gas. And there are some pretty difficult witness accounts of what they went through. One witness account even described ten minutes of suffering.
00:07:16
Speaker 1: It sounds, yes, suffocating, sounds awful. That's what. It chokes off oxygen to your cells by feeding you nitrogen gas, introducing that is the only thing you're breathing instead of oxygen and yes, Robes, that sounds horrific to be taking in air of some kind and yet you cannot breathe.
00:07:39
Speaker 3: Yeah, that sounds pretty awful.
00:07:40
Speaker 1: Sounds awful.
00:07:41
Speaker 2: It's going to be interesting what the Supreme Court does, if anything, because yes, you heard, we told you what the judge said. Then the Appeals Court actually their official language when they ruled in favor of the judge said nitrogen hypoxia is likely unconstant institutional method for carrying out the death penalty, so.
00:08:02
Speaker 3: They use the word likely.
00:08:04
Speaker 2: I'm just curious with the Supreme Court if they will rule differently than they have in the past, given the fact that now you've got two courts saying it's likely unconstituted likely but likely? Was the out maybe the off ramp, the legal off ramp that the Supreme Court could use.
00:08:21
Speaker 3: I'm not sure, but.
00:08:22
Speaker 1: It sounds like it gives Alabama a legal on ramp to be able to go ahead with the plan.
00:08:28
Speaker 2: But it upheld the judge's decision to create a permanent stop on nitrogen hypoxia.
00:08:35
Speaker 1: So, and that in itself is a big deal. Robe, because no state is going to now start using this method. I think you said Louisiana was Louisiana are the one who had so this method of execution could possibly be on its way out already if other courts rule this way road this is so it goes. It has impacts far beyond Jeffrey Lee and whatever happens to him tonight. And again Rose by the statement you read, it sounds like the governors has a backup plan.
00:09:08
Speaker 2: The Governor's office has not wavered once when it comes to this case, in particular because there have been a couple of different reasons why folks who are in Jeffrey Lee's camp have said he shouldn't be executed. The nitrodrink gas was just the one that actually got the attention or at least got some legs in terms of perhaps delaying, halting or altering how he's going to die. Nothing else has worked so far. But the governor in this case, who has pardoned two inmates in her nine years not pardoned, excuse me, stayed the execution of two death row inmates. Given her nine years in office, there's a big distinction between the two. But she has been very clear, repeatedly clear that she is not going to intervene and she is not going to stop this execution, and in fact pretty strong language they're saying they will carry this out this evening.
00:10:00
Speaker 1: Then that means they have lethal injection ready to go.
00:10:03
Speaker 3: They must have that plan in place. But as you point out.
00:10:06
Speaker 2: What the Supreme Court decides on this case isn't just about Jeffrey Lee. This does have the potential to change how states are either currently executing folks or are potentially planning on executing folks.
00:10:21
Speaker 1: There is nothing out standing in court right now that is challenging the execution itself. No one is trying to stop it on some grounds having to do with the case. It's just having to do with how he is going to be killed. So Robes, I am here we go again. We're on day of execution and we're watching o'clock this Ye, it's going to go for.
00:10:42
Speaker 3: TikTok, TikTok.
00:10:43
Speaker 2: When we come back, we're going to tell you more about who has died by this method of execution and a reminder of the crime that Jeffrey Lee was convicted of. Welcome back to everyone to this episode of Amy and TJ where right now, as of this recording, we are waiting to see if Jeffrey Lee will die tonight, and if so, how he will die tonight. Those are two questions that aren't exactly clear. Look, if you ask the state of Alabama, if you ask the Governor's office, they will tell you Jeffrey Lee is.
00:11:25
Speaker 3: Going to be executed tonight. At least that's what we have heard. However, there are.
00:11:29
Speaker 2: Several things percolating right now, and the big question is what will the Supreme Court do, if anything, Will they hear this case, will they step in, will they make a ruling, a judgment about nitrogen gas?
00:11:44
Speaker 3: And how will that affect this case? It's unclear right now.
00:11:50
Speaker 1: They have to have the drugs ready for lethal injection. I don't know what the rules are about alerting the inmate of how he's going to die. I assume there's some rule for that. But Robes, he doesn't want nitrogen gas. He might get his wish.
00:12:09
Speaker 2: He wants firing squad, but he doesn't want lethal injection either.
00:12:12
Speaker 1: I don't think, but Robes, what if he walks into a room and sees a big ass yellow chair.
00:12:19
Speaker 3: My god, I cannot even imagine.
00:12:23
Speaker 1: I do not know what method. I cannot imagine that still is legal.
00:12:28
Speaker 2: It seems as though the State of Alabama can execute him with the remaining two options, and that was made abundantly clear and in the judge's order that this appeal SQURD has now upheld. She actually made a comment about the firing squad and said, yeah, that actually does seem like it wouldn't cause unnecessary pain and suffering if you've got four bullets to the heart or at least marksman and the State of Alabama was very quick in their response to that judge saying, yet, we don't have anything in place to suddenly create a fire ring squad, to have trained assassins basically.
00:13:03
Speaker 3: At the ready.
00:13:04
Speaker 2: We can't just pull this out of our butts a day before a scheduled execution. So, like the the attorney the Attorney General pushed back hard and said, yeah, that's not happening. So I'm glad you all think the firing squad is good, but we can't.
00:13:17
Speaker 3: Pull that off.
00:13:18
Speaker 1: That was fascinating to see. Sure you got it. The judge literally said, I'm sure you got some guns laying around right, good fund volunteers. It really was a why don't you just take them out back and shoot them?
00:13:30
Speaker 2: Literally, that is basically what it said, and that's our non legal way of summing it up. But that is what she said, yes, yes, and then the State of Alabama said, yeah, no, we can't do that. So look, they haven't specified how they're planning to carry out this execution, but they have made it clear that they are going to and if this happens, Look, if he were to die by nitrogen gas, he would become the ninth person in this country, only the ninth person in this country to die by nitrogen hypoxia, that's what they call it. So seven have already died in Alabama that way, one in Louisiana.
00:14:08
Speaker 3: So look, this is.
00:14:10
Speaker 2: Alabama's first execution of the year, and wow, has it already just been embroiled in controversy.
00:14:18
Speaker 1: There have been several robes, and I don't know, we there sometimes feels, I don't know, some momentum towards paying closer attention to stories and robes. Sometimes clemency in some of these that takes the death penalty off the table, when sometimes basic fairness, Wait, the guy who pulled the trigger is got life in prison, but the guy who didn't pull the trigger is going to death. Row some of that robes when you examine a case I think some basic fairness and even some Republican governors have stepped in.
00:14:52
Speaker 2: And impressive to see people, yes, actually take clear, hard looks at these cases and not just assume rubber stamp the death sentence.
00:15:02
Speaker 1: So maybe we're seeing some kind of a shift, maybe some kind of a momentum shift in the country right now with executions. And you and I absolutely do cover every single one of them.
00:15:11
Speaker 2: We have certainly in the last couple of years, and it has been fascinating to witness and to watch how each one develops.
00:15:19
Speaker 3: And it's a long and winding road.
00:15:22
Speaker 2: Now, just to remind everybody, because it's always important when we're talking about these cases, just to say, here Lee was found guilty and he has fully admitted to the double murder back in two thousand of Jimmy Ellis and Elaine Thompson. He was in the process of a robbery and he just shot up the place. He nearly killed Helen King, who was also there working behind the counter. She was the one who was able to call nine to one one and lock the door so he couldn't come back in which he tried to.
00:15:52
Speaker 3: So look, this.
00:15:54
Speaker 2: Man at the time was twenty one and he took two souls from this earth viciously and really randomly, because they did nothing to him. He didn't even get away with any money at the end of this. But look, it does appear if you listen into Alabama, he is going to pay.
00:16:11
Speaker 3: The ultimate price for those crimes tonight. We're just not sure how, and we're just not sure.
00:16:18
Speaker 2: When at this point, because I don't know how long you wait for the Supreme Court.
00:16:22
Speaker 3: If they even have to wait for the Supreme Court.
00:16:24
Speaker 2: It's really a little They can just move forward if they've got the lethal injection drugs ready.
00:16:30
Speaker 3: That's how Lee will likely die tonight.
00:16:31
Speaker 1: Supreme Court doesn't have to say a word at all, so they can move forward. So unless there's Supreme Court no, the Supreme Court, whatever decision it is, won't stop the execution.
00:16:41
Speaker 2: And if they don't say anything, it would appear that Alabama can no longer use nitrogen gas to execute its death row in it.
00:16:50
Speaker 1: Yes, is that going to get challenged later? I'm sure this is a fascinating one. But yeah, we're keeping an eye on this one all day. We all appreciate you just spending some time here with us. Former dear Amy robot. I'm t J. Holmes. Will talk to they all soon.
00:17:05
Speaker 2: M h m m m
00:17:08
Speaker 3: M hm
Speaker 1: Hey, that folks. It is Thursday, June eleventh, and an execution is scheduled for tonight, but we still don't know if it's going to go forward after some last minute back and forth legal wrangling and maybe even a landmark court decision in there as well. And with all that, welcome to this episode of Amy and TJ. Robes. This is not just about this one case. This could be enormous. This is a fascinating They all seem to be robes have turned out to be, but this is one of the most fascinating executions we've covered.
00:00:40
Speaker 2: That's true, and we are still unclear right now at the time of this recording whether or not Jeffrey Lee will die tonight.
00:00:48
Speaker 3: In the state of Alabama.
00:00:50
Speaker 2: We have been following this now for a couple of days, but there was a new development last night Wednesday night, a federal appeals court upheld that decision.
00:01:00
Speaker 3: And we told you.
00:01:00
Speaker 2: About earlier by that Alabama judge who blocked the state from using nitrogen gas for tonight's execution. So when the judge made that decision, the state immediately appealed it, and late yesterday we got word from the appeals court that they are upholding that judge's decision that it is cruel and unusual and unconstitutional.
00:01:22
Speaker 1: So as we sit here, Alabama is not allowed to use its preferred method, which is nitrogen gas, to go forward with the execution. Sol Robes, I guess we have two options we are looking at possibly now, one the Supreme Court, two Alabama just going ahead and doing the execution. So Robes, where should we start here this case, Now where it sits, it could be up to the Supreme Court to make a decision not about staying the execution, but about whether or not they can use nitrogen gas.
00:02:00
Speaker 2: Correct, Because yes, the fate of how Jeffrey Lee is going to die is now in the hands of the Supreme Court, it appears, because that is the most likely next step, because yes, when this Appeals Court back to the judge who said Alabama could not execute Lee this way, now they are asking the Supreme Court to step in. And there is precedent here. The Supreme Court has previously cited with the state of Alabama to allow nitrogen executions to proceed after last minute appeals. So there are decisions that we can look to where the Supreme Court, in a very similar situation, has said, you know what, Alabama, you can go ahead and use the gas.
00:02:46
Speaker 1: Wow wow. So that's one option. The Supreme Court, of course, can choose not to get involved, correct and this in the courts. So the decision that stays that will stay in place is the one that says Alabama can't use nitrogen gas. So robes what does the state of Alabama do if they get to execution time and they can't use gas.
00:03:09
Speaker 2: So we heard directly from Governor k Ivy's office after the appeal was denied, and this is what the official response was from the governor. As Alabama continues to defend its execution protocol in the courts, the Governor remains prepared to move forward with the planned execution.
00:03:34
Speaker 1: Didn't say anything about the method.
00:03:36
Speaker 3: Didn't say how.
00:03:37
Speaker 2: And look, they have lethal injection in the state of Alabama and they have an electric chair.
00:03:42
Speaker 1: Now, come on.
00:03:43
Speaker 2: We talked about the electric chair in an episode yesterday. If you're interested in that, please check that one out because we talked about Yellow Mama, big yellow electric chair.
00:03:54
Speaker 3: It is horrible.
00:03:56
Speaker 2: It's frightening to look at because it's so sunny and cheerful, literally painted with the Highway Department yellow paint they use to make those yellow lines on the highway.
00:04:06
Speaker 3: So it's bright, think cheery.
00:04:09
Speaker 1: Think big bird in the form of furniture.
00:04:12
Speaker 3: Yes, except for it kills you.
00:04:14
Speaker 1: It looks like we've talked about those Adirondack chairs when you go out of doing vacation.
00:04:18
Speaker 2: It's the most disturbing thing that is I have seen recently.
00:04:21
Speaker 3: But yeah, so.
00:04:21
Speaker 2: That's there, but it literally would have to be dusted off. It doesn't seem like that's a viable option.
00:04:26
Speaker 1: Twenty two years, I think you said.
00:04:28
Speaker 3: Twenty something years. It's been two decades plus.
00:04:31
Speaker 2: So look, they do and they have absolutely successfully executed inmates using the lethal injection method.
00:04:38
Speaker 3: It's just look, it's been complicated. There have been issues with that.
00:04:41
Speaker 2: So in order to try and find another humane way to execute inmates, Alabama as of twenty twenty four, has been executing inmates using nitrogen gas. So Jeffrey Lee filed an appeal. This is how this all began, saying it's cruel and unusual, and now he's got a judge and an appeals backing that up. And he had some reaction to that news. He told NBC News it's like an expected sigh of relief in one aspect, and then you still got to stay and maintain your focus and continue to fight.
00:05:15
Speaker 3: Fear not. I am not finished. And just you know, to me, my faith is everything.
00:05:21
Speaker 1: Fight, the fight is what The fight is to stay alive, or the fight is to die the way I want to die? What is the fight?
00:05:29
Speaker 2: It probably both. The preferred would be to not die. But he does say I don't fear dying because I know where I would be. He has talked about he's expressed remorse for the killing, so he's not denying that he's murdered these two people in a pawn shop all those years ago, some thirty years ago. But he is now a Christian, and so he says he knows where he is going. But he said, God, he's not finished. He's still working not only on my behalf, but on the other brother's behalf that.
00:05:58
Speaker 3: Are still facing this situation.
00:06:01
Speaker 2: And he's referring to the other men on death row, who also if this case does not change how Alabama executes men will also die by nitrogen gas.
00:06:10
Speaker 3: Likely.
00:06:11
Speaker 1: Um, and I was sorry, I'm stuck on a couple of the soundbites you were reading there. Do you say he doesn't fear death.
00:06:19
Speaker 3: He said, I don't fear dying.
00:06:22
Speaker 1: It doesn't fear dying, just he fears how he crying to die.
00:06:26
Speaker 3: Correct.
00:06:26
Speaker 2: In fact, to that point, he talked about hearing how his friends died by nitrogen gas before him. He said, I was raised up around those guys because when I first got to the row, I was twenty three years old, just turning twenty four when we heard what they went through. Man, it's like losing a family member.
00:06:47
Speaker 1: Wait, twenty three twenty four.
00:06:49
Speaker 3: Heard he was forty nine.
00:06:50
Speaker 1: Now, okay, have they been using nitro's in gas for a year a year and a.
00:06:54
Speaker 2: Half, Okay, But I guess he's known them for that long, Okay, and they So there were seven inmates in that year and a half in the state of Alabama who he was on death row with who died by nitrogen gas. And there are some pretty difficult witness accounts of what they went through. One witness account even described ten minutes of suffering.
00:07:16
Speaker 1: It sounds, yes, suffocating, sounds awful. That's what. It chokes off oxygen to your cells by feeding you nitrogen gas, introducing that is the only thing you're breathing instead of oxygen and yes, Robes, that sounds horrific to be taking in air of some kind and yet you cannot breathe.
00:07:39
Speaker 3: Yeah, that sounds pretty awful.
00:07:40
Speaker 1: Sounds awful.
00:07:41
Speaker 2: It's going to be interesting what the Supreme Court does, if anything, because yes, you heard, we told you what the judge said. Then the Appeals Court actually their official language when they ruled in favor of the judge said nitrogen hypoxia is likely unconstant institutional method for carrying out the death penalty, so.
00:08:02
Speaker 3: They use the word likely.
00:08:04
Speaker 2: I'm just curious with the Supreme Court if they will rule differently than they have in the past, given the fact that now you've got two courts saying it's likely unconstituted likely but likely? Was the out maybe the off ramp, the legal off ramp that the Supreme Court could use.
00:08:21
Speaker 3: I'm not sure, but.
00:08:22
Speaker 1: It sounds like it gives Alabama a legal on ramp to be able to go ahead with the plan.
00:08:28
Speaker 2: But it upheld the judge's decision to create a permanent stop on nitrogen hypoxia.
00:08:35
Speaker 1: So, and that in itself is a big deal. Robe, because no state is going to now start using this method. I think you said Louisiana was Louisiana are the one who had so this method of execution could possibly be on its way out already if other courts rule this way road this is so it goes. It has impacts far beyond Jeffrey Lee and whatever happens to him tonight. And again Rose by the statement you read, it sounds like the governors has a backup plan.
00:09:08
Speaker 2: The Governor's office has not wavered once when it comes to this case, in particular because there have been a couple of different reasons why folks who are in Jeffrey Lee's camp have said he shouldn't be executed. The nitrodrink gas was just the one that actually got the attention or at least got some legs in terms of perhaps delaying, halting or altering how he's going to die. Nothing else has worked so far. But the governor in this case, who has pardoned two inmates in her nine years not pardoned, excuse me, stayed the execution of two death row inmates. Given her nine years in office, there's a big distinction between the two. But she has been very clear, repeatedly clear that she is not going to intervene and she is not going to stop this execution, and in fact pretty strong language they're saying they will carry this out this evening.
00:10:00
Speaker 1: Then that means they have lethal injection ready to go.
00:10:03
Speaker 3: They must have that plan in place. But as you point out.
00:10:06
Speaker 2: What the Supreme Court decides on this case isn't just about Jeffrey Lee. This does have the potential to change how states are either currently executing folks or are potentially planning on executing folks.
00:10:21
Speaker 1: There is nothing out standing in court right now that is challenging the execution itself. No one is trying to stop it on some grounds having to do with the case. It's just having to do with how he is going to be killed. So Robes, I am here we go again. We're on day of execution and we're watching o'clock this Ye, it's going to go for.
00:10:42
Speaker 3: TikTok, TikTok.
00:10:43
Speaker 2: When we come back, we're going to tell you more about who has died by this method of execution and a reminder of the crime that Jeffrey Lee was convicted of. Welcome back to everyone to this episode of Amy and TJ where right now, as of this recording, we are waiting to see if Jeffrey Lee will die tonight, and if so, how he will die tonight. Those are two questions that aren't exactly clear. Look, if you ask the state of Alabama, if you ask the Governor's office, they will tell you Jeffrey Lee is.
00:11:25
Speaker 3: Going to be executed tonight. At least that's what we have heard. However, there are.
00:11:29
Speaker 2: Several things percolating right now, and the big question is what will the Supreme Court do, if anything, Will they hear this case, will they step in, will they make a ruling, a judgment about nitrogen gas?
00:11:44
Speaker 3: And how will that affect this case? It's unclear right now.
00:11:50
Speaker 1: They have to have the drugs ready for lethal injection. I don't know what the rules are about alerting the inmate of how he's going to die. I assume there's some rule for that. But Robes, he doesn't want nitrogen gas. He might get his wish.
00:12:09
Speaker 2: He wants firing squad, but he doesn't want lethal injection either.
00:12:12
Speaker 1: I don't think, but Robes, what if he walks into a room and sees a big ass yellow chair.
00:12:19
Speaker 3: My god, I cannot even imagine.
00:12:23
Speaker 1: I do not know what method. I cannot imagine that still is legal.
00:12:28
Speaker 2: It seems as though the State of Alabama can execute him with the remaining two options, and that was made abundantly clear and in the judge's order that this appeal SQURD has now upheld. She actually made a comment about the firing squad and said, yeah, that actually does seem like it wouldn't cause unnecessary pain and suffering if you've got four bullets to the heart or at least marksman and the State of Alabama was very quick in their response to that judge saying, yet, we don't have anything in place to suddenly create a fire ring squad, to have trained assassins basically.
00:13:03
Speaker 3: At the ready.
00:13:04
Speaker 2: We can't just pull this out of our butts a day before a scheduled execution. So, like the the attorney the Attorney General pushed back hard and said, yeah, that's not happening. So I'm glad you all think the firing squad is good, but we can't.
00:13:17
Speaker 3: Pull that off.
00:13:18
Speaker 1: That was fascinating to see. Sure you got it. The judge literally said, I'm sure you got some guns laying around right, good fund volunteers. It really was a why don't you just take them out back and shoot them?
00:13:30
Speaker 2: Literally, that is basically what it said, and that's our non legal way of summing it up. But that is what she said, yes, yes, and then the State of Alabama said, yeah, no, we can't do that. So look, they haven't specified how they're planning to carry out this execution, but they have made it clear that they are going to and if this happens, Look, if he were to die by nitrogen gas, he would become the ninth person in this country, only the ninth person in this country to die by nitrogen hypoxia, that's what they call it. So seven have already died in Alabama that way, one in Louisiana.
00:14:08
Speaker 3: So look, this is.
00:14:10
Speaker 2: Alabama's first execution of the year, and wow, has it already just been embroiled in controversy.
00:14:18
Speaker 1: There have been several robes, and I don't know, we there sometimes feels, I don't know, some momentum towards paying closer attention to stories and robes. Sometimes clemency in some of these that takes the death penalty off the table, when sometimes basic fairness, Wait, the guy who pulled the trigger is got life in prison, but the guy who didn't pull the trigger is going to death. Row some of that robes when you examine a case I think some basic fairness and even some Republican governors have stepped in.
00:14:52
Speaker 2: And impressive to see people, yes, actually take clear, hard looks at these cases and not just assume rubber stamp the death sentence.
00:15:02
Speaker 1: So maybe we're seeing some kind of a shift, maybe some kind of a momentum shift in the country right now with executions. And you and I absolutely do cover every single one of them.
00:15:11
Speaker 2: We have certainly in the last couple of years, and it has been fascinating to witness and to watch how each one develops.
00:15:19
Speaker 3: And it's a long and winding road.
00:15:22
Speaker 2: Now, just to remind everybody, because it's always important when we're talking about these cases, just to say, here Lee was found guilty and he has fully admitted to the double murder back in two thousand of Jimmy Ellis and Elaine Thompson. He was in the process of a robbery and he just shot up the place. He nearly killed Helen King, who was also there working behind the counter. She was the one who was able to call nine to one one and lock the door so he couldn't come back in which he tried to.
00:15:52
Speaker 3: So look, this.
00:15:54
Speaker 2: Man at the time was twenty one and he took two souls from this earth viciously and really randomly, because they did nothing to him. He didn't even get away with any money at the end of this. But look, it does appear if you listen into Alabama, he is going to pay.
00:16:11
Speaker 3: The ultimate price for those crimes tonight. We're just not sure how, and we're just not sure.
00:16:18
Speaker 2: When at this point, because I don't know how long you wait for the Supreme Court.
00:16:22
Speaker 3: If they even have to wait for the Supreme Court.
00:16:24
Speaker 2: It's really a little They can just move forward if they've got the lethal injection drugs ready.
00:16:30
Speaker 3: That's how Lee will likely die tonight.
00:16:31
Speaker 1: Supreme Court doesn't have to say a word at all, so they can move forward. So unless there's Supreme Court no, the Supreme Court, whatever decision it is, won't stop the execution.
00:16:41
Speaker 2: And if they don't say anything, it would appear that Alabama can no longer use nitrogen gas to execute its death row in it.
00:16:50
Speaker 1: Yes, is that going to get challenged later? I'm sure this is a fascinating one. But yeah, we're keeping an eye on this one all day. We all appreciate you just spending some time here with us. Former dear Amy robot. I'm t J. Holmes. Will talk to they all soon.
00:17:05
Speaker 2: M h m m m
00:17:08
Speaker 3: M hm