Alabama Plans First Execution Attempt Using Nitrogen Gas, Raising Concerns and Controversy
Alabama is set to make history with the nation’s first execution attempt using nitrogen gas. Kenneth Eugene Smith, who was convicted of the 1988 murder-for-hire of a preacher’s wife, is scheduled to be executed on Thursday. The state plans to use a gas mask to replace breathable air with nitrogen, depriving Smith of oxygen.
The Alabama attorney general’s office claims that nitrogen hypoxia is the most painless and humane method of execution. However, critics, including doctors, argue that the effects of nitrogen gas on a person have never been studied before and therefore cannot be determined accurately.
Dr. Jeffrey Keller, president of the American College of Correctional Physicians, expressed his concerns about the experimental procedure. “What effect the condemned person will feel from the nitrogen gas itself, no one knows,” he stated. The plan is to eliminate all oxygen from the air Smith is breathing and essentially suffocate him.
The state of Alabama predicts that the nitrogen gas will cause unconsciousness within seconds and death within minutes. The execution protocol involves placing a full facepiece supplied air respirator over Smith’s face and administering the gas for at least 15 minutes or until a flatline indication on the EKG is observed.
The use of nitrogen hypoxia as an execution method has raised ethical questions and concerns. The American Veterinary Medical Association has stated that it is not an acceptable euthanasia method for most mammals due to its distressing nature. Experts appointed by the U.N. Human Rights Council warned that the execution method could violate the prohibition on torture.
Dr. Joel Zivot, an anesthesiologist involved in filing the U.N. complaint, highlighted the potential risks and complications of the procedure. He mentioned the possibility of seizures and choking if there is a leak under the mask, which could prolong the execution or result in injury.
The data on death from nitrogen comes primarily from industrial accidents and suicide attempts. The U.S. Chemical Safety and Hazard Investigation Board reported 80 deaths from nitrogen asphyxiation between 1992 and 2002, mainly due to leaks or cannister mix-ups.
Smith’s case dates back to 1988 when he and another man were convicted of the murder-for-hire of a preacher’s wife. Prosecutors alleged that they were paid to kill Elizabeth Sennett so her husband could collect the insurance money. Smith’s initial conviction was overturned, but he was convicted again in 1996 and sentenced to death.
Charles Sennett Jr., the victim’s son, expressed his belief that Smith should pay for his actions. He argued that his mother did not have a choice in how she suffered, so Smith should not be spared any pain in his execution. Smith’s attorneys are seeking to block the nitrogen execution, claiming it is unconstitutional and violates the ban on cruel and unusual punishment.
Smith is also one of the few people to survive a prior execution attempt. In 2022, the state attempted a lethal injection, but it was called off due to difficulties in connecting the intravenous lines.
The upcoming execution has sparked protests and opposition from various groups. The Sant’Egidio Community, a Vatican-affiliated Catholic charity, has urged Alabama not to proceed with the execution, describing the chosen method as “barbarous” and “uncivilized.” Faith leaders have also delivered a petition to the governor, asking her to halt the execution and emphasizing that prisoners should not be treated as guinea pigs.
Despite the controversy, Alabama Governor Kay Ivey has stated that the state is ready to proceed with the execution, citing the passage of the method in 2018 and assurances from the attorney general’s office and the Department of Corrections.
As Thursday approaches, Kenneth Eugene Smith awaits his fate. His spiritual advisor, Rev. Jeff Hood, revealed that Smith is deeply pained and horrified by the nitrogen hypoxia experiment that awaits him. Despite the darkness surrounding him, Smith tries to fill his remaining time with as much love as he can muster.
The execution of Kenneth Eugene Smith will not only mark a significant moment in Alabama’s history but will also reignite the debate surrounding execution methods and their ethical implications. The outcome of this case will undoubtedly have far-reaching consequences for the future of capital punishment in the United States.
