Alabama death row inmate Kenneth Eugene Smith is set to become the first person in the United States to be executed using nitrogen gas, following the rejection of last-minute appeals by the US Supreme Court and a lower appeals court. The decision has sparked controversy, with opponents deeming it a “cruel and unusual” punishment, raising concerns about potential suffering and safety hazards.
Smith, 58, convicted in 1989 for the murder of Elizabeth Sennett, faces execution by pumping nitrogen gas through a mask at 0600 GMT (0100 ET) on Thursday, giving Alabama a 30-hour window to carry out the sentence. Smith, who has been on death row since 1996, expressed the agonizing wait as torture in an interview with the BBC earlier this week.
If the execution proceeds, Smith will be the first person globally to be put to death using this method, as reported by the Death Penalty Information Center.
Lawyers for Smith continue to fight for a last-minute reprieve, arguing against the use of nitrogen gas. Breathing pure nitrogen without oxygen causes cells to break down, leading to death. Alabama contends that Smith will lose consciousness within seconds and die in a matter of minutes. However, medical professionals have raised concerns about potential mishaps, including violent convulsions and the possibility of survival in a vegetative state.
Alabama, along with two other states, has approved nitrogen hypoxia as an alternative execution method due to difficulties in obtaining lethal injection drugs. The decline in executions nationally has been attributed, in part, to challenges in sourcing these drugs.
Smith’s previous attempt at execution by lethal injection two years ago was unsuccessful, as officials were unable to raise a vein before the state’s death warrant expired.
The case against Smith involves the murder of 45-year-old Elizabeth Sennett in a $1,000 (£790) killing-for-hire in March 1988. The victim was beaten and stabbed, with her death staged to resemble a home invasion and burglary. Smith’s accomplice, John Forrest Parker, was executed in 2010.
Opponents, including the UN’s High Commissioner for Human Rights, argue that gassing Smith could amount to torture or cruel and degrading treatment, urging a halt to the execution. Smith’s legal team has challenged the multiple execution attempts, asserting a violation of the Eighth Amendment’s prohibition of “cruel and unusual” punishment.
Despite these appeals, both the Supreme Court and the 11th US Circuit Court of Appeals have denied Smith’s requests to halt the execution, leading to renewed efforts by his legal team to appeal to the Supreme Court.
State Attorney General Steve Marshall has defended the use of nitrogen gas, calling it “perhaps the most humane method of execution ever devised.” However, Smith’s spiritual adviser, Reverend Jeff Hood, expressed concerns about safety, noting oxygen-level meters were unplugged during a recent walk-through of the execution chamber.
Rev Hood has requested Alabama Governor Kay Ivey’s presence during the execution to demonstrate confidence in its safety, but no response has been received as of now. Alabama, known for its high per capita execution rates, currently has 165 individuals on death row. Recent botched attempts at lethal injection have prompted internal reviews, with blame largely placed on the prisoners themselves.
As the controversial execution looms, it reignites the debate surrounding the ethics and methods of capital punishment in the United States.
The U.S. Supreme Court has allowed the state of Alabama to proceed with the execution of death row inmate Kenneth Eugene Smith using nitrogen gas. This decision, made on January 24, 2024, marks the first instance of an execution by nitrogen gas in the United States.
— Githii (@githii) January 25, 2024
Kenneth… pic.twitter.com/kVrdnz3hbd
