Controversy Surrounds Alabama’s First Nitrogen Gas Execution
Alabama is set to carry out its first execution using nitrogen hypoxia, a controversial and untested method that has sparked legal pushback and public scrutiny. Kenneth Eugene Smith, a death row inmate convicted of the 1988 murder of a pastor’s wife, will be the first person in the United States to be executed using this method if the execution proceeds as planned. The use of nitrogen gas as an alternative to lethal injections has been authorized in Alabama, Oklahoma, and Mississippi due to difficulties in obtaining the necessary drugs for lethal injections.
Nitrogen hypoxia involves inhaling lethal concentrations of pure nitrogen gas, causing asphyxiation. It is a relatively new method of execution and is authorized broadly as an execution method in seven states, including Alabama. However, only Alabama, Mississippi, and Oklahoma have specified the use of nitrogen for this purpose. Alabama released its execution protocol for nitrogen hypoxia last year, although the public version is heavily redacted.
The scheduled execution of Kenneth Eugene Smith has raised concerns among experts and human rights organizations. Smith’s legal team has accused the state of using him as a “test subject” for an unproven method of execution. The United Nations’ human rights office has called on Alabama to stop the execution, stating that there is no scientific evidence to prove that nitrogen inhalation will not cause suffering. U.N. consultants have raised concerns about the potential pain and humiliation associated with nitrogen hypoxia.
Breathing in nitrogen gas can cause a person to lose consciousness before oxygen deprivation leads to death. Alabama officials have stated that this is the likely outcome of the execution. However, veterinarians have refused to use nitrogen asphyxiation to euthanize animals due to its distressing effects and potential risks to others in the vicinity.
Nitrogen gas is safe to inhale when mixed with an appropriate concentration of oxygen. However, inhaling pure nitrogen gas can be toxic and has well-documented effects. Nitrogen displaces oxygen in the air, and when oxygen levels drop below 10%, it can cause loss of consciousness, convulsions, and death. Even partial oxygen displacement can have serious consequences, including impaired respiration, permanent heart damage, nausea, vomiting, and poor judgment.
During the execution, Smith will be strapped to a gurney chamber and forced to breathe nitrogen through a gas mask until his body is depleted entirely of oxygen. The mask used will be a NIOSH-approved Type-C full facepiece supplied air respirator, similar to those used by industrial workers. The nitrogen gas will be administered for either fifteen minutes or five minutes after a flatline indication on the EKG, whichever is longer.
The execution protocol released by Alabama includes redacted sections regarding the storage, testing, and setup of the gas system. Staff involved in handling the lethal gas system will receive training to mitigate potential risks. Alabama’s protocol does not allow a spiritual advisor in the chamber unless they review and sign an acknowledgment form ahead of time. This restriction has led to a lawsuit challenging the use of nitrogen hypoxia filed by Rev. Jeffrey Hood, a spiritual advisor to death row inmates.
The controversy surrounding Alabama’s first nitrogen gas execution highlights the ethical and practical concerns associated with untested methods of capital punishment. The use of nitrogen hypoxia raises questions about the potential for unnecessary suffering and the risks it poses to those involved in the execution process. As legal challenges continue, the future of this method of execution remains uncertain.
