Alabama Carries Out First U.S. Execution Using Nitrogen Hypoxia
In a historic and widely-contested event, Alabama executed inmate Kenneth Eugene Smith using nitrogen hypoxia, marking the first time this controversial death penalty method has been used in the United States. The execution took place at the William C. Holman Correctional Facility in Atmore on Thursday night, with officials confirming that it occurred at 8:25 p.m. local time.
The execution began at 7:53 p.m., and Smith wore the nitrogen mask for approximately five minutes after he flatlined, according to Alabama Department of Corrections Commissioner John Q. Hamm. Smith’s final words were emotional, as he stated, “Tonight Alabama caused humanity to take a step backward. I’m leaving with love, peace, and light. Thank you for supporting me. Love all of you.” He even made an “I love you” sign using sign language, leaving a lasting impression on witnesses.
However, the execution did not go without its challenges. Smith appeared to shake and writhe on the gurney for at least two minutes at the beginning, leading reporters to question whether this was expected or indicated suffering. Commissioner Hamm responded by explaining that Smith was holding his breath and struggling against his restraints, but these movements were within the normal side effects of nitrogen hypoxia.
There was also a delay of approximately 45 minutes between the Supreme Court’s decision to allow the execution and when witnesses were brought into the chamber. Hamm attributed this delay to a minor issue with the EKG lines, which provided an incorrect reading initially.
Smith’s legal team expressed deep sadness over his execution, stating that he was only subjected to the death penalty because the trial judge used a now-repealed Alabama statute to override the jury’s decision to spare his life. They argued that this practice is no longer available under current Alabama law and has been declared unconstitutional by the United States Supreme Court. Efforts are underway in the Alabama legislature to prevent inmates like Smith from suffering a similar fate.
Alabama Governor Kay Ivey, who decided not to grant Smith clemency, defended the execution, stating that it was carried out lawfully using the nitrogen hypoxia method, which Smith had previously requested as an alternative to lethal injection. She believes that this execution finally brings closure to the case.
The execution sparked mixed emotions among the victim’s family. Mike Sennett, the son of Elizabeth Dorlene Sennett, whom Smith was convicted of murdering, expressed bittersweet feelings. He acknowledged that Smith made grave mistakes 35 years ago and that justice was finally served. However, he emphasized that they would not be celebrating but were glad that this chapter could be closed.
Smith’s execution attracted significant attention from human rights experts and organizations. The United Nations’ top human rights official expressed concerns that using nitrogen gas for execution could amount to torture under international treaties. Despite these concerns, the Supreme Court ruled in favor of Alabama carrying out the execution.
Nitrogen hypoxia is a relatively new form of capital punishment, authorized in Alabama, Oklahoma, and Mississippi. However, before Thursday, no state had used this method for an execution. Critics argue that it is experimental and potentially painful and dangerous for the condemned person and those present in the execution chamber.
Kenneth Eugene Smith was sentenced to death for his involvement in the 1989 murder of Elizabeth Dorlene Sennett. Prosecutors claimed that Smith and another individual were hired as hitmen by Elizabeth’s husband, who wanted to collect life insurance money. Smith confessed to his role in the murder, leading to his conviction and subsequent death sentence.
Smith’s execution faced numerous legal challenges, with his legal team questioning the use of nitrogen hypoxia without documented evidence of its repercussions. They argued that Smith was being used as a “test subject” for an experimental execution. However, these challenges were ultimately rejected, allowing the execution to proceed.
As the debate around capital punishment continues, Smith’s execution highlights the ongoing controversy surrounding different methods of execution and the ethical implications involved. With international calls for a moratorium on the death penalty, the use of nitrogen hypoxia raises important questions about the humanity and constitutionality of such methods.
