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Alabama’s third nitrogen execution set for November
Alabama’s governor has set a Nov. 21 execution date for what is scheduled to be the nation’s third death sentence carried out by nitrogen gas.
Gov. Kay Ivey set the execution date for Carey Dale Grayson, 49, after the Alabama Supreme Court last week ruled that it could take place. Grayson was one of four teenagers convicted in the 1994 killing of 37-year-old Vickie Deblieux in Jefferson County.
Alabama executed Kenneth Smith in January in the nation’s first nitrogen gas execution. A second execution via nitrogen gas is set for Sept. 26 for Alan Eugene Miller. Miller recently reached a lawsuit settlement with the state over the execution method.
Alabama is seeking to carry out the additional nitrogen execution while disagreement continues over what happened at the first one.
Nitrogen hypoxia is a process in which either pure nitrogen gas or nitrogen gas at concentrations high enough to be lethal is inhaled until the person dies of asphyxiation. Veterinarians have refused to use nitrogen asphyxiation to euthanize animals because of its “distressing” effects and potential risks to people around.
Smith shook for several minutes on the death chamber gurney as he was put to death Jan. 25. While Alabama Attorney General Steve Marshall described the execution as “textbook,” lawyers for inmates said it was the antithesis of the state’s prediction that nitrogen would provide a quick and humane death.
Grayson has an ongoing lawsuit seeking to block the state from using the same protocol that was used to execute Smith. His attorneys argued the method causes unconstitutional levels of pain and that Smith showed signs of “conscious suffocation.”
After Smith’s execution, Marshall said, “As of last night, nitrogen hypoxia as a means of execution is no longer an untested method. It is a proven one.”
Marshall said at the time that 43 other death row inmates in Alabama have requested execution by nitrogen hypoxia.
Matt Schulz, an assistant federal defender who is representing Grayson, last week said they are disappointed that the execution was authorized before the federal courts “have had a chance to review Mr. Grayson’s challenge to the constitutionality of Alabama’s current nitrogen protocol.”
Earlier this month, Miller reached a “confidential settlement agreement” with the state to end his lawsuit over the specifics of the state’s nitrogen gas protocol. A spokesperson for the Alabama Department of Corrections declined to comment on whether the state is making procedural changes for Miller.
Grayson was charged with torturing and killing Deblieux on Feb. 21, 1994. Prosecutors said Deblieux was hitchhiking from Tennessee to her mother’s home in Louisiana when four teenagers, including Grayson, offered her a ride. Prosecutors said they took her to a wooded area, attacked and beat her and threw her off a cliff. The teens later mutilated her body, prosecutors said.
Grayson, Kenny Loggins and Trace Duncan were all convicted and sentenced to death. However, Loggins and Duncan, who were under 18 at the time of the crime, had their death sentences set aside after the U.S. Supreme Court in 2005 banned the execution of offenders who were younger than 18 at the time of the crime. Grayson was 19.
The fourth teenager was sentenced to life imprisonment.
President-elect Donald Trump’s criminal conviction in state court remains on the books Monday, after a New York judge rejected an effort by Trump to have the case tossed based on a landmark Supreme Court ruling.
Justice Juan Merchan found that a July Supreme Court ruling granting Trump presidential immunity for official acts did not preclude a jury from finding him guilty after a criminal trial this spring.
Merchan wrote that evidence shown at trial pertained “entirely to unofficial conduct.”
This is a developing story and will be updated.
As unexplained drone sightings along the East Coast trigger investigations and demands from officials for more information, a wave of online speculation has filled the void as amateur sleuths seek to solve the mystery themselves.
One Facebook group called “New Jersey Mystery Drones – let’s solve it” has surged to over 73,000 members in recent days, becoming a hub for users to share their drone sightings and speculate on the source of the mysterious activity.
George Gary, a New Jersey resident who joined the Facebook group, told CBS News that he was sitting in his car in Moorestown when he saw what he said were “multiple drones” in the sky. “I’m honestly not sure what’s behind them,” he said, speculating that it could be connected to government activity. “I’m really curious to find out.”
New Jersey resident Vanessa Grierson, who also said she has seen drones, told CBS News she joined the Facebook group to find out what others were seeing. “It’s alarming that there are still no answers,” she said.
Across social media, users have shared theories that range from foreign interference to UFOs to hobbyist activity.
The FBI and Department of Homeland Security issued a joint statement last week saying there is “no evidence at this time” that the reported drone sightings pose a threat to national security or public safety, or have any foreign connection.
But state and local leaders have been pushing for more information and a stronger response.
New Jersey Gov. Phil Murphy said Sunday he is urging federal authorities to allocate more resources to investigate the sightings, while New York Gov. Kathy Hochul announced that a drone detection system is being deployed in the state.
In some cases, people mistake planes for drones
The number of drones flying over the East Coast and the identity of those behind the activity remain unclear. White House national security spokesperson John Kirby said Monday that the FBI has received about 5,000 tips of reported drone sightings in the last few weeks, “about 100 of which they felt needed to be followed up on.”
Authorities say many of the reported drone sightings could be aircraft or helicopters operating from the region’s numerous airports, as residents increasingly turn their attention to the skies in search of answers.
New Jersey Sen. Andy Kim said he went on patrol with police on Thursday night to find out more about the drones. In a lengthy X thread, Kim said he “concluded that most of the possible drone sightings that were pointed out to me were almost certainly planes.”
Kirby said many other reports were determined to be “a combination of lawful commercial drones, hobbyist drones and law enforcement drones.”
In addition, unrelated videos have sparked confusion. On Friday, a video was widely shared and said to show a mysterious drone seemingly “shooting” at the ground. However, CBS News traced the footage to a military training exercise at Joint Base McGuire-Dix-Lakehurst.
People have also shared old videos from different contexts. One widely shared clip, allegedly showing drones over New York, is at least four years old.
Officials respond
Rep. Mike Waltz, a Republican from Florida who is President-elect Donald Trump’s pick for national security adviser, said on “Face the Nation with Margaret Brennan” that the lack of information highlights lapses in authority between local law enforcement and federal agencies like the Department of Defense and Department of Homeland Security.
“I think Americans are finding it hard to believe we can’t figure out where these are coming from,” Waltz said. “It’s pointing to gaps in our capabilities and in our ability to clamp down on what’s going on here. And we need to get to the bottom of it.”
Democratic Sen. Cory Booker of New Jersey said there is a “growing sense of uncertainty and urgency across the state” despite statements from federal investigators assuring residents that the drones do not pose public safety threats.
“As such, I urge you to share any relevant information about these drone sightings with the public,” Booker said. “Without transparency, I believe that rumors, fear, and misinformation will continue to spread.”
Shooting down drones?
Some social media users have suggested that they plan to shoot down the drones if they veer too close to their homes. President-elect Trump also suggested shooting down the drones, though he did not clarify who should take such action.
However, shooting down a drone is a federal crime.
The Federal Aviation Administration classifies drones as aircraft, meaning damaging or destroying them is a violation of the Aircraft Sabotage Act.
Beyond legal risks, firing at drones poses a serious safety hazard and could lead to injuries.
Washington — President-elect Trump is meeting with TikTok CEO Shou Chew on Monday at his Mar-a-Lago estate, according to sources familiar with the meeting.
The news was first reported by CNN.
A spokesperson for TikTok did not immediately respond to a request for comment.
At a news conference earlier Monday, Trump had warm words about TikTok and its near-term future.
“We’ll take a look at TikTok. You know, I have a warm spot in my heart for TikTok, because I won youth by 34 points. And there are those that say that TikTok has something to do with that,” Trump said when asked about how he would stop a ban. Harris won 54% of voters under 30, but Trump made inroads.
During his first term in the White House, Trump tried to ban the app.
President Biden earlier this year signed into law a bill passed by Congress requiring TikTok and its Chinese parent company, ByteDance, face a Jan. 19 deadline to cut ties or be banned in the U.S. The companies have tried to delay the deadline pending a Supreme Court review, but a federal appeals court, which upheld the law, denied the request last week. The companies asked the Supreme Court on Monday to temporarily pause the law.
“A modest delay in enforcing the Act will create breathing room for this Court to conduct an orderly review and the new Administration to evaluate this matter — before this vital channel for Americans to communicate with their fellow citizens and the world is closed,” the emergency application said.
The filing asked the Supreme Court to make a decision on the request by Jan. 6 so ByteDance and TikTok can “coordinate with their service providers to perform the complex task of shutting down the TikTok platform only in the United States” if the justices decline.
A 90-day extension could be granted if a sale is in process by the deadline. But TikTok has argued that a sale is unfeasible and the Chinese government opposes the sale of the algorithm which powers the app.
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