Alabama to Attempt First-Ever Execution by Nitrogen Gas, Sparking Debate
In a groundbreaking move, the state of Alabama is set to carry out the first-ever execution by nitrogen gas. The controversial method has drawn both support and criticism, with the state claiming it will be humane while critics argue it is cruel and experimental. Kenneth Eugene Smith, a 58-year-old convicted killer, is scheduled to be executed on Thursday night at a prison in south Alabama. Smith’s previous lethal injection attempt in 2022 was called off due to issues with the IV line.
The execution method being used by Alabama involves placing an industrial-type respirator mask over Smith’s face and replacing his breathing air with pure nitrogen gas, causing him to die from lack of oxygen. This marks the first attempt to use a new execution method since the introduction of lethal injection in 1982, which has become the most common execution method in the United States.
Smith’s attorneys have been fighting to halt the execution, arguing that the state is using him as a “test case” for the new method without sufficient legal scrutiny. The U.S. Supreme Court rejected Smith’s argument that another execution attempt would be unconstitutional, and the U.S. 11th Circuit Court of Appeals also declined to halt the execution. However, his attorneys are expected to appeal this decision to the U.S. Supreme Court.
Smith was convicted in the 1988 murder-for-hire slaying of Elizabeth Sennett. Prosecutors claimed that he and another man were paid $1,000 each to kill Sennett on behalf of her pastor husband, who was in significant debt and wanted to collect on insurance. Alabama plans to strap Smith to a gurney in the execution chamber and administer the nitrogen gas through a “full facepiece supplied air respirator” after giving him a chance to make a final statement.
The use of nitrogen gas as an execution method stems from the increasing difficulty of finding the drugs used in lethal injections. Three states, including Alabama, have authorized nitrogen hypoxia as an execution method, but until now, no state has attempted to use it. Alabama Attorney General Steve Marshall expressed confidence that the courts will allow the execution to proceed, emphasizing his office’s commitment to justice.
While the state predicts that the nitrogen gas will cause unconsciousness within seconds and death within minutes, concerns have been raised by doctors and organizations. Some argue that the state’s plan is risky and experimental, with the potential for a prolonged and painful death or choking on vomit. Dr. Philip Nitschke, a euthanasia expert, expressed concerns about the use of a mask and its impact on the seal, potentially prolonging the process.
Smith’s attorneys are specifically challenging the way Alabama plans to administer the nitrogen. They argue that using a gas mask puts Smith at risk and goes against guidelines set by the American Veterinary Medical Association, which states that nitrogen hypoxia is distressing for most mammals. Experts appointed by the United Nations Human Rights Council have also cautioned that the execution method could violate the prohibition on torture.
The case of Elizabeth Sennett’s murder has been a tragic one, with her husband taking his own life when he became a suspect. Smith’s 1989 conviction was overturned but he was convicted again in 1996. Despite a jury recommendation for a life sentence, a judge overrode it and sentenced Smith to death. It’s worth noting that Alabama no longer allows a judge to override a jury’s decision on the death penalty.
As the state of Alabama prepares for this unprecedented execution by nitrogen gas, the debate surrounding its morality and constitutionality continues. Supporters argue that it provides a more reliable alternative to lethal injection, while critics believe it poses significant risks and violates human rights. The outcome of Smith’s execution may shape future discussions on execution methods in the United States.
