In a groundbreaking development, Alabama is poised to conduct the United States’ first execution using nitrogen hypoxia.
The state has scheduled Kenneth Eugene Smith’s execution for January 25, 2024.
This decision to proceed follows a legal endorsement allowing Alabama to use nitrogen gas, an unprecedented method in American capital punishment history.
Smith, convicted in a 1988 murder-for-hire plot that led to the death of Elizabeth Dorlene Sennett, has been on death row since 1996.
His case has been notable, not only for its longevity but also for the failed execution of Smith by a lethal injection attempt in late 2022. Officials were only able to connect one of the two intravenous lines that was required to carry out the execution, calling it off after an hour.
This failure, along with difficulties in setting up intravenous lines for lethal injection in other instances, prompted Alabama to explore alternative methods, leading to the selection of nitrogen hypoxia.
In response to the failed attempt of his execution, Smith filed a lawsuit requesting an alternative execution method.
Once Alabama finalized its protocol for nitrogen hypoxia, Smith challenged its constitutionality, seeking an amendment or execution by firing squad.
Judge Huffaker found insufficient evidence that nitrogen hypoxia would cause superadded pain, thus denying his request for an injunction based on the Eighth Amendment.
Alabama’s Attorney General, Steve Marshall, lauded the decision, emphasizing the state’s commitment to enforcing justice for Elizabeth Sennett’s murder.
In contrast, Smith’s spiritual adviser, Rev. Dr. Jeff Hood, criticized the decision as “horror” and a “permission to suffocate its citizens.”
Nitrogen hypoxia execution involves fitting the inmate with a mask to deliver nitrogen, replacing the oxygen they breathe until the heart stops. This method has raised significant concerns and debate among legal, ethical, and human rights circles.
U.N. experts have appealed for a review of this protocol, citing the potential for severe suffering and a lack of scientific evidence to guarantee a humane death.
As the date approaches, Smith retains the right to appeal the decision, potentially leaving the final decision to the U.S. Supreme Court.