Smith was strapped to a stretcher and had a breathing mask attached over his nose and mouth, forcing him to inhale pure nitrogen.
Witnesses state that he appeared to be conscious for several minutes, contrary to the authorities’ predictions of a quick and painless death.
According to the testimony, he shook the stretcher for two minutes, which was followed by deep inhalations for several minutes. The nitrogen gas flowed for 15 minutes, writes NBC News.
State prison director John Hamm said afterward that Smith appeared to have tried to hold his breath as long as possible.
No help from the Supreme Court
Until the end, Smith hoped that the Supreme Court would stop the execution, but on Thursday night the High Court rejected his request. By then, he had already taken a last meal from Waffle House in the morning.
Three of HD’s nine justices voted against the decision, among them Sonia Sotomayor who believes that Alabama has used Smith as a guinea pig.
Not accepted by veterinary associations
The hitherto untested method has been met with strong criticism from several quarters.
Including experts at the UN Human Rights Council, who warned that the method may be in violation of the international convention against torture and other cruel, inhuman or degrading punishment.
The UN experts also draw attention to the American Veterinary Association’s guidelines that the method is not accepted for several mammals. The reason is that it can cause too much stress.
The lawyers: Used as guinea pigs
Smith’s lawyers have waged a legal battle to stop the execution, arguing, like HD Judge Sotomayor, that Alabama is using the convicted murderer as a guinea pig.
Smith was sentenced to death in 1988 for a murder of a 45-year-old woman that he carried out on behalf of the woman’s husband. Since then he has been imprisoned awaiting execution.
Already in 2022, a failed attempt was made with poison injection when the doctors failed to find his veins. It contributed to the state deciding on a pause for that method.
It is the first time since 1982 that a new method of execution has been used in the United States.
