Birmingham, Alabama – Convicted murderer Kenneth Smith is scheduled to become the first inmate in the United States to be executed with nitrogen gas. Smith’s legal attempts to have the method declared unconstitutional have failed, and his execution is set to take place on Thursday.
Smith’s case drew attention in 2022 when a botched lethal injection prompted a review of Alabama’s death penalty procedures. However, the Supreme Court has denied his request to stay the execution and declined to hear his challenge contending that a second attempt would violate the US Constitution’s protections against cruel and unusual punishment.
At the center of the controversy is Alabama’s nitrogen gas protocol, which Smith’s lawyers have criticized as “recently released and untested.” They argue that it is a novel method of execution that has never been attempted by any state or the federal government.
According to state attorneys, the gassing method, known as nitrogen hypoxia, is designed to deprive prisoners of oxygen by placing a mask connected to a cylinder of nitrogen over their face. They claim it will be “the most painless and humane method of execution known to man.”
Smith’s botched execution was the third consecutive instance where Alabama officials encountered problems or delays with scheduled lethal injections, leading to two executions being called off. His lawyers have described the experience as torture and a form of mental anguish. Smith was convicted of the 1988 killing of Elizabeth Sennett, who was hired as a hitman by her husband.
Moreover, the use of barbiturates in lethal injection protocols is becoming increasingly challenging for states with the death penalty, as pharmaceutical companies are banning the sale of drugs for use in executions. As a result, Alabama, Mississippi, and Oklahoma have introduced new gas-based protocols to carry out executions. This shift in execution methods has raised concerns and sparked debate surrounding the constitutionality and humanity of the death penalty in the United States.