Alabama Court Approves Nitrogen Gas for Execution: Landmark Ruling
- The Alabama Supreme Court has ruled that the state can proceed with an execution using nitrogen gas, a method that has not been used previously to execute a death sentence. This decision was made in response to the state attorney general’s request to execute inmate Kenneth Eugene Smith, with the method of execution not specified but implied to be nitrogen gas.
- This decision brings Alabama closer to being the first state to attempt an execution with nitrogen gas. Oklahoma and Mississippi have also authorized nitrogen hypoxia as an execution method, though none of these states has yet used it. The method involves depriving the inmate of the oxygen necessary to maintain bodily functions, and while some claim it is painless, others consider it to be human experimentation.
- Kenneth Eugene Smith was convicted in the 1988 murder-for-hire killing of Elizabeth Sennett. His lawyers had urged the court to reject the execution request. The U.S. Supreme Court has previously sided with Smith in challenging the state’s decision to execute him via lethal injection, ruling in his favor for death by lethal gas – at the time, Alabama had approved the use of nitrogen gas for executions but had not yet finalized all protocols for its application.
Alabama Supreme Court Approves Nitrogen Gas Execution
On Wednesday, the Alabama Supreme Court approved the use of nitrogen gas for the execution of convicted inmate Kenneth Eugene Smith. This decision, made by the all-Republican court in a 6-2 ruling, is in answer to the state attorney general’s petition.
The AG’s filings indicated the intent to use nitrogen gas, a method never before utilized for an execution. This usage sets Alabama on the path to be the first state to carry out such an execution. As per The Associated Press, the execution date has yet to be declared.
Understanding Nitrogen Gas Execution
Oklahoma, Mississippi and Alabama have all approved nitrogen hypoxia as an execution method, but no state has implemented it to date. It works by depriving the prisoner of necessary oxygen, effectively causing suffocation. Nitrogen gas, which comprises 78% of the air we breathe, is harmless when inhaled with oxygen. Supporters claim that the method is painless, but critics argue it equates to human experimentation.
Remembering the Victim
Kenneth Smith was convicted alongside another man for the 1988 contract murder of Elizabeth Sennett in Alabama’s Colbert County. “Elizabeth Sennett’s family has waited 35 years for justice,” stated Alabama Attorney General Steve Marshall, welcoming the court’s decision.
The U.S. Supreme Court earlier sided with Smith in a dispute over his execution by lethal injection. Nevertheless, it declined to review a subsequent ruling that reinforced Smith’s right to be executed via lethal gas instead.
Pause in Alabama Executions
Reports of botched lethal-injection executions resulted in Alabama halting its executions last year. Despite the legislature’s approval of nitrogen gas for executions, the protocols for its application were pending at that time.
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