Despite a previous statement from the Attorney General's office suggesting otherwise, the Alabama Department of Corrections (ADOC) clarified on Monday that the state is not prepared to carry out executions using nitrogen hypoxia. This announcement comes amidst preparations for the execution of James Barber, who was convicted of murder and scheduled for lethal injection next month.

The ADOC acknowledged that while progress has been made in developing the nitrogen hypoxia method, the protocol is incomplete, and personnel require thorough training before it can be implemented. Corrections Commissioner John Hamm deferred questions regarding the protocol to the Attorney General's office.

The Attorney General's office recently filed a court document opposing Barber's request to choose nitrogen hypoxia over lethal injection, seemingly implying the state's readiness for the new method. However, Barber's legal team stated that the Attorney General's office subsequently confirmed the protocol's unfinished status. The Attorney General's office has not yet responded to requests for clarification.

Nitrogen hypoxia, a method authorized by Alabama, Oklahoma, and Mississippi, involves replacing oxygen with nitrogen, leading to death by asphyxiation. However, it remains untested in any state. Barber, convicted for the 2001 murder of Dorothy Epps, is seeking to avoid lethal injection, citing the state's history of problematic executions.

This situation unfolds as Alabama seeks to resume lethal injections after a temporary pause initiated by Governor Kay Ivey for procedural review. A federal judge previously ordered the state to disclose the status of nitrogen hypoxia following a suggestion from the Attorney General's office that it might be ready for use. The state later clarified that the method was not yet finalized.