UPDATE: The hearing has been had, and the ruling has been made, and the execution is on as scheduled.
A district court judge in Baton Rouge has dissolved, or ended, his temporary restraining order that blocked tonight’s planned execution of Louisiana death row inmate Jessie Hoffman.
At this point, the execution is back on schedule unless another court, including the U.S. Supreme Court, decides to intervene.
19th Judicial District Court Judge Richard “Chip” Moore issued the restraining order Monday until he could preside over a hearing Tuesday morning regarding whether the method of execution being planned violates Hoffman’s religious freedoms under the Preservation of Religious Freedom Act.
Moore sided with the Louisiana Department of Corrections.
So that’s that.
ORIGINAL: Yesterday we weighed in on the Louisiana execution controversy surrounding the final moments of Jesse Hoffman, who brutally kidnapped, robbed, raped and murdered a young New Orleans advertising executive during a long lunch break from his job as a parking attendant. That happened in 1996, Hoffman was convicted and sentenced to be executed in 1998, and 27 years later he’s due to be executed tonight.
Or at least he was before a state district judge, Chip Moore, a Republican who’s been on the bench for as long as we can remember, has agreed to take up Hoffman’s case on the day of his execution, with an eye toward possibly delaying it.
Let’s see if you come to the same suspicions we did in reading WBRZ-TV’s writeup of the legal wranglings surrounding Hoffman’s execution…
Jessie Hoffman is scheduled to die by nitrogen hypoxia between 6 p.m. and 9 p.m. at the Louisiana State Penitentiary in Angola for the 1996 kidnapping, rape and murder of a New Orleans advertising executive. The inmate says that if he has a tortuous death, it could impact his later rebirth.
Wait, what? Rebirth? We’re actually going to have judicial hearings over whether a convicted rapist/murderer is successfully reincarnated after he’s executed?
Yes, actually. It appears we are.
Judge Richard “Chip” Moore of the 19th Judicial District in Baton Rouge temporarily delayed the execution and summoned lawyers to his courtroom in Baton Rouge.
Witnesses for the state say that, if Hoffman breathes deeply, the nitrogen will force oxygen from his lungs and render him unconscious quickly. At a federal court hearing two weeks ago, Hoffman’s witnesses said instinct would likely lead the inmate to hold his breathe and that he would die in a cruel or unusual manner
In a court filing Monday, Hoffman said breathing in pure nitrogen would impact his ability to practice meditative breathing and cause him to panic instead.
“When I have a panic attack, I cannot breathe,” Hoffman wrote.
Molly Elliott, the woman Hoffman murdered execution-style on a dock along the Pearl River in rural St. Tammany Parish after he’d stripped her of her clothes and raped her, was not available for comment as to Hoffman’s panic attacks.
Having a traumatic death can impact reincarnation, Hoffman’s lawyers wrote.
“Mr. Hoffman sincerely believes that he must practice his Buddhist breathing exercises at the critical transition between life and death, called the Bardo,” the lawyers wrote. “He believes that if he has traumatic final moments, they can negatively impact the Bardo, which can lead to a negative rebirth.”
How sincere do you think this guy’s belief in his breathing exercises really is?
And do you wonder if he became a Buddhist when the state settled on nitrogen hypoxia as his means of execution? Seeing as though Hoffman has requested that he be executed by firing squad, which Louisiana hasn’t done in modern history, or by lethal injection, which is no longer available since the drug companies won’t sell the ingredients to state prisons for those anymore, this smells a little like malicious compliance on the part of his attorneys rather than any “sincere” beliefs.
Hey Jesse, you’re a Buddhist, get it? And if they give you the gas you’ll come back as a dung beetle. So be sincere about those breathing exercises!
One thing is for sure – he certainly wasn’t a Buddhist when he killed Molly Elliott, so the demand for accommodation of his “sincerely held” religious beliefs would seem to be secondary to the legal system’s determination that he be executed according to a legally-intact trial and appeals process which leads us to this execution.
A federal judge said the nitrogen hypoxia method of execution relies on inmates taking an active part in their own executions. She stopped the execution to let Hoffman claim that other methods would be more humane, but a panel of the 5th U.S. Circuit Court of Appeals in New Orleans overturned her ruling.
That was Shelly Dick, the worst federal judge in Louisiana, who seems physically incapable of a non-idiotic ruling from the bench, and the Fifth Circuit shut her down on this as they usually do.
Why Chip Moore is entertaining the possibility of following Dick down the same road when all of this has already been litigated to death, we can’t say.
Hoffman was scheduled to die Tuesday night for the 1996 killing of Mary “Molly” Elliot. She was abducted in New Orleans and taken to St. Tammany Parish, where she was raped and then shot execution-style and left in wetlands along the Pearl River.
Moore told lawyers for the state to say why Hoffman should die Tuesday night, and told executioners they could not kill Hoffman pending the results of the court hearing.
It’s hard to imagine anything new is going to come out of this hearing. What a waste of time.
It is still possible that the inmate will die as scheduled, though his lawyers expressed hope that he would be given time to argue his case that a nitrogen hypoxia execution violates his religious rights under the Constitution.
“(T)he method of nitrogen gassing denies Jessie the opportunity to meditatively breathe during his final moments,” lawyer Cecelia Kappel said. “Our state law prohibits the government from interfering with the exercise of religious faith, and Judge Moore will decide the important question of whether the state of Louisiana can take away someone’s ability to practice their religion at such a critical moment as the transition between life and death.”
So we asked Brave’s AI chatbot about all this meditative breathing business, and here’s what we found…
In Tibetan Buddhism, advanced practitioners engage in meditative practices during the death process, focusing on the clear light meditation, which is a state of great subtlety and clarity of the mind. This state is valuable for advanced meditation practices and can facilitate liberation at the time of death.
The death process in Tibetan Buddhism involves several stages. When the breathing stops, the consciousness leaves the body and passes through the dissolution stages in reverse order, starting from the black near-attainment stage.
During the black near-attainment stage, the mind of black near-attainment dissolves into the very subtle life-bearing wind in the indestructible drop at the heart, leading to a very clear vacuity free of the white, red, and black appearances—the mind of clear light of death.
Buddhist practitioners are encouraged to remain calm and focused during the death process, often engaging in breathing meditation to help the dying person concentrate on the movement of the breath, which can aid in letting go and moving on to the next life.
In summary, meditative breathing at death in Buddhism, particularly in the Tibetan tradition, involves maintaining focus on the breath and the subtle states of consciousness to facilitate a peaceful and potentially liberating transition.
Seems like Hoffman has lots of opportunity to go through his stages.
And it seems like the purpose of meditative breathing while you’re dying is that you can do it peacefully.
And if you do it correctly, it’ll help you be reborn as a person instead of a sea slug or a gecko. Or something.
So what Hoffman’s lawyers, and Hoffman, thanks to their coaching on the fine arts of Tibetan Buddhist death-meditation, are saying is that he’s afraid he’ll suck at this process at the most important point, and his breathing will get all screwed up when he’s overdosing on nitrogen, and because he won’t handle the exercises well it’s going to cast him well down the food chain in his next life.
This is a lack of confidence which would seem to be more of a coaching issue than one of religious rights. It’s too bad Molly Elliott didn’t warrant this sort of deliberation before she was defiled and murdered on Hoffman’s lunch hour.
How come Hoffman’s lawyers couldn’t find him a lama to help with his death-breathing? If that’s crucial to his achieving nirvana, that is.
If Chip Moore lets this circus show delay Hoffman’s execution for one minute he ought to be blackballed permanently by the voters in East Baton Rouge parish and cast off the bench at the next election.
As we said yesterday, enough already. Let’s get this unpleasantness over with.
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