Alabama Governor Kay Ivey has announced the scheduled execution date for Kenneth Eugene Smith, who will be the first inmate in the nation to be executed by nitrogen hypoxia, an alternative to lethal injection. Smith's execution by lethal injection was canceled in November 2022 due to difficulties in properly setting the IV line before the warrant expired. Following the botched execution attempt, Smith requested to be put to death by nitrogen gas. The execution is set to take place between January 25 and January 26 of next year.

Nitrogen hypoxia involves depriving the brain and body of oxygen, resulting in death by suffocation. Alabama finalized the execution protocols for this method in August, after the state legislature approved it as an alternative to lethal injection. The US Supreme Court granted Smith's request to die by nitrogen gas, overturning an earlier decision that allowed the execution to proceed by lethal injection.

Smith was convicted for his involvement in the 1988 murder-for-hire plot of Elizabeth Dorlene Sennett. Smith and an accomplice were hired by Sennett's husband, who was having an affair and had taken out a large insurance policy on his wife. Smith's case was tried twice, both of which resulted in convictions. Despite a jury vote of 11-1 in favor of a life sentence, a judge imposed the punishment of death.

Attorneys for Smith expressed disappointment in the governor's decision to set an execution date and vowed to continue pursuing their client's rights through the judicial process. They argue that a second attempt to execute Smith using an experimental method, with a protocol that has not been fully disclosed, is unjust.

Alabama has 165 inmates on death row, and the resumption of executions follows a review of the state's execution process. In February, Governor Ivey called for the resumption of executions after the review was completed. However, Smith's execution by lethal injection was halted due to technical difficulties, leading to the consideration of nitrogen gas as an alternative method.

While Alabama moves closer to becoming the first state to attempt an execution by nitrogen gas, legal challenges are expected. Smith's attorneys have filed a lawsuit in federal court to stop the execution, arguing that their client is being used as a test subject for a novel and experimental method. They highlight the failed attempt to execute Smith by lethal injection as evidence of the state's lack of transparency and due process.

Proponents of nitrogen hypoxia argue that it is a painless execution method, while opponents liken it to human experimentation. Nitrogen is a harmless gas when inhaled with proper levels of oxygen, constituting 78% of the air humans breathe. Under the proposed procedures, a mask would be placed over the inmate's nose and mouth, replacing their breathing air with nitrogen and depriving them of the necessary oxygen to stay alive. The execution protocol specifies that nitrogen will be administered for 15 minutes or five minutes following a flatline indication on the EKG, whichever is longer.

Alabama Attorney General Steve Marshall supports Smith's execution by nitrogen hypoxia, stating that the court's decision has cleared the way for justice to be served. The family of Elizabeth Sennett has waited 35 years for closure in this case.

Prosecutors maintain that Smith and his accomplice were paid $1,000 each to kill Sennett on behalf of her pastor husband, who was in significant debt and wanted to collect on insurance. Sennett's husband took his own life a week later, and the accomplice was executed in 2010 for his role in the slaying.