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Lawyers for Detroit native sent to Alabama prison seek to stop his February execution

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Attorneys for an Alabama inmate facing execution by nitrogen gas have filed a lawsuit, claiming the Detroit native was illegally transferred to the Yellowhammer State.

Demetrius Terrence Frazier, 52, is scheduled to be put to death on Feb. 6 for the 1991 murder and rape of Pauline Brown. If the execution is carried out, he would become the fourth person to die by the method.

In a previous court filing, his lawyers asked a judge to block the execution unless the state makes changes to the protocol, such as giving him a sedative before the gas begins flowing.

“The data set for nitrogen hypoxia executions is small —three — but provides clear results: Alabama’s method does not work the way defendants claim and necessarily causes conscious suffocation, in violation of the Eighth Amendment,” lawyers for Frazier wrote in the court filing.

Now, his attorneys are challenging the inmate's transfer from Michigan to Alabama. In 1996, the Yellowhammer State temporarily took custody of Frazier to prosecute him. This ultimately led to a conviction for capital murder and a death sentence.

Then Michigan Gov. Rick Snyder approved the move, but lawyers argue the official acted without legal authority. That's according to a report from the Detroit Metro Times.

The news outlet says opponents claim, "in a 'secret' and illegal deal with Alabama, Snyder reached an executive agreement with the state’s governor to transfer Frazier permanently to Alabama’s custody."

Michigan’s constitution bars the death penalty, and Frazier's attorneys argue Michigan law requires inmates to serve their sentences in-state. The lawyers say the transfer agreement violates the Interstate Agreement on Detainers and the Frazier's due process rights.

The Detroit Metro Times reports the inmate’s lawyers requested the current Governor of Michigan, Gretchen Whitmer, to order his return to his native state. The news outlet says, "... her office declined to act. If Whitmer intervenes, they argue, Alabama would be constitutionally required to comply under the extradition clause."

In addition to the lawsuit, there is an active petition calling on Gov. Whitmer return Frazier to the state.

Baillee Majors is the Digital News Coordinator for Alabama Public Radio.
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