How Will Jeffrey Lee Die Tonight?

Summary

Podcast Summary
Podcast: Amy Robach & T.J. Holmes Present
Episode: How Will Jeffrey Lee Die Tonight?
Date: June 11, 2026

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Episode Overview

This episode centers on the imminent execution of Jeffrey Lee in Alabama—a case thrown into uncertainty by last-minute legal developments around the method of execution. Amy Robach and T.J. Holmes unpack the legal wrangling over Alabama’s controversial use of nitrogen gas and how Supreme Court intervention could alter not just Lee’s fate, but future executions across the country.

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Key Discussion Points & Insights

The Legal Limbo (02:10–05:44)

• Supreme Court’s Role in Death Penalty Methods
  The episode opens with news that Jeffrey Lee's scheduled execution is uncertain after a federal appeals court upheld a judge’s decision blocking Alabama from using nitrogen gas. The state has appealed to the Supreme Court, which now may decide the execution method.

  “At the time of this recording whether or not Jeffrey Lee will die tonight…there was a new development…a federal appeals court upheld that decision…blocking the state from using nitrogen gas for tonight’s execution.”
  —Amy Robach (02:47)

• Precedent and Possible Outcomes
  The hosts discuss how the Supreme Court has previously allowed Alabama’s use of nitrogen for executions after last-minute appeals—so there’s possible precedent for either outcome.

  “The Supreme Court has previously sided with the state of Alabama to allow nitrogen executions to proceed after last minute appeals…they can go ahead and use the gas.”
  —Amy Robach (04:07)

• Alabama’s Backup Options
  If nitrogen gas is ruled out, Alabama could (in theory) use lethal injection or the electric chair (“Yellow Mama”). The hosts note that “Yellow Mama” hasn’t been used for over 20 years, while lethal injection remains available.

  “They have lethal injection…and they have an electric chair…We talked about Yellow Mama.”
  —Amy Robach (05:44)

  “It’s the most disturbing thing that I have seen recently. But yeah, so that's there. But it literally would have to be dusted off…it doesn't seem like that's a viable option.”
  —Amy Robach (06:25)

Cruel and Unusual?—The Nitrogen Gas Debate (06:34–10:48)

• Death Row’s Perspective & Recent Executions
  Lee’s appeal centers on “cruel and unusual punishment.” He and other inmates fear nitrogen gas after hearing accounts of protracted suffering—one witness described 10 minutes of visible agony (09:07).

  “There were seven inmates…who died by nitrogen gas. And there are some pretty difficult witness accounts of what they went through. One witness account even described 10 minutes of suffering.”
  —Amy Robach (09:07)

  “It chokes off oxygen to your cells by feeding you nitrogen gas…yes, Robes, that sounds horrific.”
  —TJ Holmes (09:23)

• Faith and Acceptance
  Lee has expressed remorse for his crimes but claims faith gives him peace:

  “He does say, I don't fear dying because I know where I would be…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 are still facing this situation.”
  —Amy Robach (07:36)

National Impact and Future Precedent (10:48–12:49)

• Broader Legal Significance
  Should the Supreme Court act, their decision could effectively end the use of nitrogen gas for executions nationwide, as courts continue to identify it as “likely unconstitutional.”

  “No state is going to now start using this method…this method of execution could possibly be on its way out already if other courts rule this way.”
  —TJ Holmes (10:43)

• Governor’s Position
  Alabama’s Governor remains steadfast—prepared to move forward with the execution, no matter the method. The Governor has rarely granted stays.

  “She has been very clear, repeatedly clear, that she is not going to intervene and she is not going to stop this execution.”
  —Amy Robach (11:15)

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Notable Quotes & Memorable Moments

• On the Electric Chair:

  “Think Big Bird in the form of furniture.”
  —TJ Holmes, joking about "Yellow Mama", Alabama’s electric chair (06:16)

• On the Suffering of Nitrogen Execution:

  “It chokes off oxygen to your cells…you cannot breathe.”
  —TJ Holmes (09:23)

  “Hearing how his friends died by nitrogen gas before him…it’s like losing a family member.”
  —Amy Robach, relaying Jeffrey Lee's words (08:33)

• On the Judge’s Suggestion of Firing Squad:

  “The judge literally said, I'm sure you got some guns laying around, right? Could find some volunteers. It really was a, ‘Why don't you just take them out back and shoot him?’”
  —TJ Holmes (18:08)

• On the Tension of Waiting:

  “Tick tock, tick tock... We're on day of execution and we're watching a clock to see if it's going to go through.”
  —Amy Robach (12:49)

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Case Background & Reflections (19:08–21:22)

• Lee’s Case & Public Attitudes
  Lee was convicted of a double murder in 2000. The hosts reflect on shifting national attitudes towards the death penalty and highlight how, in some cases, questions of fairness and proportionality have led even conservative governors to grant stays.

  “Wait, the guy who pulled the trigger got life in prison, but the guy who didn’t pull the trigger is going to death row?”
  —TJ Holmes (19:42)

• Clemency & Systemic Change
  There’s speculation that legal scrutiny on execution methods is rising, possibly leading to change across the U.S.

  “Maybe we're seeing some kind of a momentum shift in the country right now with executions.”
  —TJ Holmes (19:52)

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Final Situation as of Recording (15:48–21:31)

• Immediate Questions:

  • Will Alabama execute Lee tonight?

  • What method will be used?

  • Will the Supreme Court intervene?
    Alabama seems prepared to proceed, possibly by lethal injection if nitrogen is blocked.

    “If they've got the lethal injection drugs ready. That’s how Lee will likely die tonight.”
    —Amy Robach (21:22)

  • If the Supreme Court stays silent, nitrogen gas is likely off the table in Alabama moving forward.

    “If they don’t say anything, it would appear that Alabama can no longer use nitrogen gas to execute its death row inmates.”
    —Amy Robach (21:31)

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Key Timestamps

• Legal wrangling and Supreme Court implications: 02:10–05:44
• Description and debate over execution methods: 06:25–10:48
• Human impact and Lee’s perspective: 07:29–08:33
• Broader implications and national context: 10:43–12:49, 19:08–19:52
• Discussion of the “Yellow Mama” electric chair: 05:44–06:25, 17:02
• Judge’s firing squad suggestion and state’s response: 17:18–18:20
• Background of Lee’s crime: 20:01–21:22

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Summary

Amy Robach and T.J. Holmes present an in-depth, balanced exploration of the Jeffrey Lee execution, emphasizing both legal intricacies and personal dimensions. The episode details the unprecedented injunction on the use of nitrogen gas, Governor Ivey’s unwavering stance, the judge’s curious consideration of firing squads, and the very real nationwide precedent that could be set—all as the fate of one man, and potentially many more, hangs in the balance. Throughout, the tone remains sober, inquisitive, and human, providing both context and empathy for the high-stakes legal and ethical questions at play.

Transcript

[Amy Robach]

This is an I Heart podcast. Guaranteed human. If audiobooks are your thing or you've been meaning to listen to more of them, you should check out a podcast called earsay, the Audible and I Heart Audiobook Club. Hosted by Cal Penn.

[Cal Penn]

Each episode spotlights standout audiobooks on Audible across all kinds of genres. Sci fi, comedy, romance, thrillers and more. With Cal talking to guests who help break down what makes each story worth listening to.

[Amy Robach]

It's a fun, easy way to discover your next Great check out Earsay on

[Cal Penn]

the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

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[Cal Penn]

when the story ends with savings. It feels good to Geico Introducing the

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[Amy Robach]

Sequences shortened and simulated. I turned off news altogether.

[Geico Ad Voice]

I hate to say it, but I don't trust much of anything.

[TJ Holmes]

It's the rage bait.

[Amy Robach]

It feels like it's trying to divide people.

[TJ Holmes]

We got clear facts.

[Amy Robach]

Maybe we could calm down a little.

[TJ Holmes]

NBC News brings you clear reporting. Meet at the facts. Let's move forward from there. NBC News reporting for America. Hey there folks.

[Cal Penn]

It is Thursday, June 11, and an

[TJ Holmes]

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 or turn out to be, but this is one of the most fascinating executions we've covered.

[Amy Robach]

That's true, and we are still unclear right now at the time of this recording whether or not Jeffrey Lee will die tonight in the state of Alabama. 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 we told you 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.

[TJ Holmes]

So as we sit here, Alabama is not allowed to use its preferred method, which is nitrogen gas, to go forward with the execution. So Robes, I guess we have two options we are looking at possibly now. One, the Supreme Court to Alabama just going ahead and doing the execution. So Robes, where should we start here? This, 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.

[Amy Robach]

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 backed the judge who said Alabama could not execute Lee this way, now they are asking the Supreme Court to step in. And the. 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 this, the Supreme Court in a very similar situation has said, you know what, Alabama, you can go ahead and use the gas.

[TJ Holmes]

Wow. Wow. So that's one option. The Supreme Court of course can choose not to get involved correct in 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 ropes. What does the state of Alabama do if they get to execution time and they can't use gas?

[Amy Robach]

So we heard directly from Governor K. Ivey'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.

[TJ Holmes]

Didn't say anything about the method, didn't say how.

[Amy Robach]

And look, they have lethal injection in the state of Alabama and they have an electric chair. Now come on now, 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.

[TJ Holmes]

That's the chair's name.

[Amy Robach]

Big yellow electric chair. It is horrible. 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. So it's bright and cheery.

[TJ Holmes]

Think Big Bird in the form of furniture.

[Amy Robach]

Yes. Except for it kills you.

[TJ Holmes]

It looks like we talked about those Adirondack chairs when you go out to on vacation.

[Amy Robach]

It's the most disturbing thing that is I have seen recently. But yeah, so that's there. But it literally would have to be dusted off it. It doesn't seem like that's a viable option.

[TJ Holmes]

22 years.

[Amy Robach]

I think you said 20 something years. It's been two decades plus. So. So look, they do and they have absolutely successfully executed inmates using the lethal injection method. It's just, look, it's been complicated. There have been issues with that. So in order to try and find another humane way to execute inmates, Alabama as of 2024 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, and an appeals court 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. Fear not. I am not finished. And just, you know, to me my faith is everything.

[TJ Holmes]

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?

[Amy Robach]

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 30 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, other brother's behalf that are still facing this situation. 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. Likely.

[TJ Holmes]

And I was. I'm sorry, I'm stuck on a couple of the sound bites you were reading there. Did he say he doesn't fear death?

[Amy Robach]

He said, I don't fear dying.

[TJ Holmes]

It is. He doesn't fear dying, just he fears how he is going to die.

[Amy Robach]

Correct. 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 23 years old. Just turning 24 when we heard what they went through, man, it's like losing a family member.

[TJ Holmes]

Why 23, 24.

[Amy Robach]

Heard he's 49 now.

[TJ Holmes]

Okay. They've been using nitrogen gas for a

[Amy Robach]

year, a year and a half.

[TJ Holmes]

Okay, yes, words, but I guess he's

[Amy Robach]

known them for that long.

[TJ Holmes]

Okay.

[Amy Robach]

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 10 minutes of suffering.

[TJ Holmes]

It sounds. Yes, suffocating. Sounds awful. That's what it. 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.

[Amy Robach]

Yeah, that sounds pretty awful.

[TJ Holmes]

Sounds awful.

[Amy Robach]

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 unconstitutional method for carrying out the death penalty. So they use the word likely. I'm just curious what 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 unconstitutional but likely was the out maybe the off ramp, the legal off ramp that the Supreme Court could use. I'm not sure, but it sounds like

[TJ Holmes]

it gives Alabama a legal on ramp to be able to go ahead with the plan.

[Amy Robach]

But it upheld the judge's decision to create a permanent stop on nitrogen hypoxia. So.

[TJ Holmes]

And that in itself is a big deal, Robes, because no state is going to now start using this method. I think you said Louisiana was the one who had so this method of execution could possibly be on its way out already if other courts rule this way. Ro, this is so it's. 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 governor is. Has a backup plan.

[Amy Robach]

This 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 nitrogen 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. Thank you for the 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

[TJ Holmes]

this evening, then that means they have lethal injection ready to go.

[Amy Robach]

They must have that plan in place. But as you point out, 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.

[TJ Holmes]

There is nothing outstanding 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 a clock to see if it's going to go through.

[Amy Robach]

Tick tock, tick tock. 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.

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[Amy Robach]

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[Amy Robach]

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[TJ Holmes]

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[Tamara Judge]

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[Amy Robach]

Sequences shortened and simulated. Welcome back everyone to this episode of Amy and tj where right now, as of this recording, we're 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 going to be executed tonight. At least that's what we have heard. However, there are several things percolating right now. And the big question is what will the Supreme Court, Supreme Court do if anything? Will they hear this case? Will they step in? Will they make a ruling, a judgment about nitrogen gas? And how will that affect this case? It's unclear right now

[TJ Holmes]

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.

[Amy Robach]

He wants firing squad, but he doesn't want lethal injection either.

[TJ Holmes]

I don't Think, but robes, what if he walks into a room and sees a big ass yellow chair?

[Amy Robach]

My God, I cannot even imagine robes, can they?

[TJ Holmes]

I, I do not know what method. I cannot imagine that still is legal.

[Amy Robach]

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 appeals court 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, yeah, we don't have anything in place to suddenly create a firing squad, to have trained assassins basically at the ready. 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 pull that off.

[TJ Holmes]

That was fascinating to see. Sure you got it. The judge literally said, I'm sure you got some guns laying around, right? Could find some volunteers. It really was a. Why don't you just take them out back and shoot him?

[Amy Robach]

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, yet, no, we can't do that. So look, we, 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 notch 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. So look, this is Alabama's first execution of the year and wow, has it already just been embroiled in controversy?

[TJ Holmes]

There have been several robes and I don't know, we, 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.

[Amy Robach]

It's been impressive to see people, yes. Actually take clear, hard looks at these cases and not just assume and just rubber stamp the death sentence.

[TJ Holmes]

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.

[Amy Robach]

We have certainly in the last couple of years. And it has been fascinating to, to witness and to watch how each one develops. And it's, it's a, it's a long and winding road. Now just to remind everybody, because it's always important when we're talking about these cases just to say, to say here, Lee was found guilty and he has fully admitted to the double murder back in 2000 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 911 and lock the door so he couldn't come back in, which he tried to. So look, this, this man at the time was 21 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 listening to Alabama, he is going to pay the ultimate price for those crimes tonight. We're just not sure how and we're just not sure when at this point because I don't know how long you wait for the Supreme Court, if they even have to wait for the Supreme Court. It's really a little, they can just move forward if they've got the lethal injection drugs ready. That's how Lee will likely die tonight.

[TJ Holmes]

Supreme Court doesn't have to say a word at all so they can move forward. So unless the Supreme. No, the Supreme Court, whatever decision it is, won't stop the execution.

[Amy Robach]

And if they don't say anything, it would appear that Alabama can no longer use nitrogen gas to execute its death row inmates.

[TJ Holmes]

Yes. Is that going to get challenged later? I'm sure this is a fascinating one, but, but yeah, we're keeping an eye on this one all day. We always appreciate you spending some time here with us. From our dear Amy Robach. I'm TJ Holmes. We'll talk to you all soon.

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[Cal Penn]

It feels good when the story ends with savings. It feels good to Geico.

[Amy Robach]

If audiobooks are your thing, or you've been meaning to listen to more of them, you should check out a podcast called Earsay, the Audible and iHeart Audiobook Club. Hosted by Kalpen.

[Cal Penn]

Each episode spotlights standout audiobooks on Audible across all kinds of genres sci fi, comed, romance, thrillers and more, with Cal talking to guests to help break down what makes each story worth listening to.

[Amy Robach]

It's a fun, easy way to discover your next great audiobook.

[Cal Penn]

Check out Earsay on the iHeartRadio app, Apple Podcasts or wherever you get your podcasts.

[Tamara Judge]

This is Tamara Judge from Two Teas in a Pod with Teddy Mellencamp and Tamara Judge. Tamara here as you know my dog Rugby is like one of my kids and I don't play around when it comes to taking care of him. Chewy is where I get everything he needs. He loves food, so always stocking up on treats and toys from Chewy, which my husband Eddie likes to buy for him. It always shows up fast, which is exactly how I like things. Chewy also handles the serious stuff, prescriptions, pet insurance and the telehealth vet visits. And now they're opening up vet clinics across the country and they're 247 customer service. They just understand pet people. Plus, with Chewy's one year satisfaction guarantee, trying new things is never stressful. Chewy just makes caring for rugby easier and that matters to me. For life with pets, the answer is chewy. Save $20 on your first order with free shipping at chewpanions.chewy.com teapot Introducing the

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[Amy Robach]

is a trademark of Google LLC. Sequences shortened and simulated. This is an iHeart podcast. Guaranteed human.