Kenneth Smith Becomes First to Face Nitrogen Gas Execution
An Alabama man was executed via nitrogen gas, marking the first instance of its kind in the United States. Kenneth Smith, aged 58, had been sentenced to death for his involvement in a 1988 murder-for-hire plot targeting a preacher’s wife. The execution took place on a Thursday evening, and it was a significant moment in the history of capital punishment.
Smith’s journey to this unique method of execution had its share of twists and turns. Originally slated for a lethal injection in November 2022, the execution was abruptly halted as officials struggled to find a suitable vein. However, fate had other plans for Smith, as he had previously requested nitrogen hypoxia as an alternative method, and this time, his wish was granted.
Alabama Governor Kay Ivey, commenting on the execution, stated, “The execution was lawfully carried out by nitrogen hypoxia, the method previously requested by Mr. Smith as an alternative to lethal injection. At long last, Mr. Smith got what he asked for, and this case can finally be put to rest.”
The execution, which commenced at 8:25 p.m., brought some closure to the family of Elizabeth Sennett, the preacher’s wife whose life was tragically taken in the 1988 plot. Governor Ivey expressed her hope that Sennett’s family could finally find peace after enduring years of anguish.
Smith’s legal team had vigorously argued against the use of nitrogen gas for execution, claiming it violated the 8th Amendment, as it could constitute cruel and unusual punishment. They also highlighted Smith’s mental and physical suffering stemming from the botched execution attempt in 2022.
According to the Death Penalty Information Center, a non-profit organization specializing in data and analysis on capital punishment, Smith was one of three people in Alabama whose executions went wrong that year.
Despite a previous appeal to the Supreme Court, the execution was allowed to proceed, making Alabama one of the few states, alongside Mississippi and Oklahoma, to permit the use of nitrogen gas for capital punishment. Remarkably, this execution method had never been employed before in the state.
Nitrogen Gas Takes Center Stage
Nitrogen hypoxia, in this context, refers to causing death by inhaling nitrogen gas until the body is deprived of oxygen. In Alabama’s protocol, the inmate is secured to a gurney, equipped with a mask and breathing tube. The mask administers 100% pure nitrogen, gradually depriving the person of oxygen until death occurs.
While the majority of the air humans breathe consists of nitrogen, an elevated concentration of nitrogen and a reduced level of oxygen can lead to organ failure and, ultimately, death.
Smith’s legal team had initially recommended nitrogen hypoxia as a viable alternative to lethal injection during earlier court appeals. Smith’s concerns about the method’s potential failure and the risk of asphyxiation, stroke, or a vegetative state did not deter the authorities from proceeding with nitrogen gas execution.
The decision drew criticism from various organizations, including the U.N. Human Rights Office and the Vatican-affiliated Catholic charity Sant’Egidio Community, which condemned the method as “barbaric.”
In response to the mounting opposition, Governor Ivey remained resolute, stating, “This method has been thoroughly vetted, and both the Alabama Department of Corrections and the Attorney General’s Office have indicated it is ready to go. The Legislature passed this law in 2018, and it is our job to implement it. I am confident we are ready to move forward.”
This historic execution has not only stirred a contentious debate on the ethics of capital punishment but has also underscored the unique and controversial use of nitrogen gas in carrying out the ultimate penalty.
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