Alabama Plans First-Ever Execution Using Nitrogen Gas, Governor Announces
Alabama sets a historic precedent by scheduling the US's first execution using nitrogen gas, a groundbreaking alternative to lethal injection Governor announces the significant move towards a more humane method
Alabama's Republican governor has announced that the state has decided to schedule the first-ever execution using nitrogen hypoxia as an alternative to lethal injection.
In November, Kenneth Eugene Smith's execution by lethal injection was unexpectedly halted due to the state's failure to establish the IV line before the execution warrant expired. Following this incident, Smith requested to be executed by nitrogen gas instead of lethal injection, citing the previous execution as botched.
Smiths execution now is set to take place between January 25 and 26, according to a news release from Gov. Kay Ivey.
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The inmate would die from suffocation as nitrogen hypoxia deprives the brain and body of oxygen, as stated by the Death Penalty Information Center. The recent development in Smith's case occurred when Alabama halted executions and reevaluated their execution procedure due to issues with lethal injections gaining national attention.
Alabama completed its first-ever execution protocols for a new method in August, following approval by its legislature in 2018 for an alternative to lethal injection, as reported by the Death Penalty Information Center. The state currently has 165 inmates awaiting execution, according to the state department of corrections.
However, Smith's attorneys acknowledged other pending issues in relation to the case and expressed their "disappointment" that the governor has seemingly scheduled an execution date for their client, as stated in their Wednesday statement to CNN.
Alabama Attorney General Steve Marshall speaks in October 2022 with reporters outside the Supreme Court in Washington.
"We will persist in seeking justice for Mr. Smith by proceeding with legal action," states the press release. "Similar to the eleven jurors who opposed Mr. Smith's execution, we maintain optimism that those responsible for evaluating this case will recognize the unjustifiability and inequity of a second execution attempt with an untested, unprecedented method and an undisclosed protocol that has not been shared with him or his legal counsel."
A view of the White House in Washington, U.S., July 4, 2023.
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The US Supreme Court granted Smith's plea to be euthanized using nitrogen gas in May. This decision was made after the justices, dividing 6-3, gave the green light for Smith's execution to proceed via lethal injection earlier in the term. Smith had been found guilty of the 1988 murder of Elizabeth Dorlene Sennett in a murder-for-hire scheme, where he had acted as an accomplice. CNN had previously covered the story, revealing that Sennett's husband, involved in an extramarital affair, had orchestrated the crime and also secured a substantial insurance policy on his wife.
Smith's case underwent two trials by a jury, as pointed out by Alabama Attorney General Steve Marshall, and both ended in guilty verdicts. During the retrial in 1996, the jury voted 11-1 in favor of recommending a life sentence for Smith. However, the judge disregarded this recommendation and instead imposed the death penalty.
Correction: An earlier iteration of this narrative inaccurately stated the year (1995) when the jury recommended a life sentence. It was, in fact, 1996.
CNNs Jamiel Lynch, Ariane De Vogue and Dakin Andone contributed to this report
