Alabama Seeks to Execute Inmate Using Nitrogen Hypoxia
MONTGOMERY, Ala. — Alabama is making headlines as it seeks to become the first state to execute a prisoner by making him breathe pure nitrogen. The Alabama attorney general’s office has asked the state Supreme Court to set an execution date for death row inmate Kenneth Eugene Smith, 58, using the method of nitrogen hypoxia. While this execution method is authorized in three states, it has never been used before.
Nitrogen hypoxia involves forcing the inmate to breathe only nitrogen, depriving them of oxygen and causing them to die. Nitrogen makes up 78% of the air inhaled by humans and is harmless when inhaled with oxygen. Proponents of the new method argue that it would be painless, but opponents have likened it to human experimentation.
Alabama authorized nitrogen hypoxia in 2018 due to a shortage of drugs used for lethal injections. However, the state has not attempted to use this method until now. Oklahoma and Mississippi have also authorized nitrogen hypoxia but have not utilized it.
The announcement that Alabama is ready to use nitrogen hypoxia is expected to spark a new round of legal battles over the constitutionality of the method. The Equal Justice Initiative, a legal advocacy group that focuses on death penalty issues, expressed concerns about Alabama’s history of “failed and flawed executions and execution attempts” and criticized the state for experimenting with an unproven and unused method.
Alabama previously attempted to execute Smith by lethal injection last year but faced difficulties inserting an IV into his veins, leading to the execution being called off. This was the state’s second instance within two months of being unable to carry out an execution and the third since 2018. Following Smith’s aborted execution, Governor Kay Ivey announced a pause on executions to conduct an internal review of lethal injection procedures. The state resumed lethal injections last month.
Smith was convicted in the 1988 murder-for-hire slaying of a preacher’s wife. The Alabama attorney general argues that it is time to carry out the death sentence. Attorney General Steve Marshall stated, “It is a travesty that Kenneth Smith has been able to avoid his death sentence for nearly 35 years after being convicted of the heinous murder-for-hire slaying of an innocent woman, Elizabeth Sennett.”
Alabama has been working on developing the nitrogen hypoxia execution method for several years but has disclosed little about its plans. The attorney general’s court filing did not provide details on how the execution would be carried out. Corrections Commissioner John Hamm mentioned last month that a protocol was nearly complete.
Several Alabama inmates, including Smith, who are seeking to block their executions by lethal injection, have argued that they should be allowed to die by nitrogen hypoxia.
The murder of Elizabeth Sennett, which Smith was convicted for, occurred on March 18, 1988, in the home she shared with her husband in Alabama’s Colbert County. Prosecutors alleged that Smith was one of two men who were each paid $1,000 to kill Sennett on behalf of her husband, who was deeply in debt and wanted to collect on insurance.
The revelation of Alabama’s intention to use nitrogen hypoxia as an execution method has stirred controversy and raised questions about the ethics and constitutionality of the approach. As legal battles continue, the fate of Kenneth Eugene Smith hangs in the balance.
What are the potential ethical concerns surrounding the use of nitrogen hypoxia as an execution method in Alabama?
Led off. The state now hopes that nitrogen hypoxia will provide an alternative execution method.
If the Alabama Supreme Court approves the request, Kenneth Eugene Smith will become the first inmate in the country to be executed using nitrogen hypoxia. While proponents argue that this method would be painless, opponents have raised concerns about the ethics of using a new and untested method.
The use of nitrogen hypoxia became an option in Alabama in 2018 when lethal injection drugs became scarce. However, the state has not attempted to use this method until now. Oklahoma and Mississippi have also authorized nitrogen hypoxia but have not carried out any executions using it.
The decision by Alabama to pursue nitrogen hypoxia is expected to ignite a new round of legal battles over the constitutionality of the method. The Equal Justice Initiative, a legal advocacy group that advocates against the death penalty, has expressed concerns about the state’s history of problematic executions and criticized the use of an unproven method.
Alabama had previously attempted to execute Smith via lethal injection, but encountered difficulties with the procedure. Now, the state hopes that nitrogen hypoxia will provide a viable alternative for carrying out the execution.