Alabama to Proceed with First Execution by Nitrogen Gas, Despite Controversy

MONTGOMERY, Ala. - In a landmark decision, a federal judge has ruled that the execution of Kenneth Eugene Smith, an Alabama inmate, can proceed as planned later this month using nitrogen gas. This would mark the first time this method has been used in an execution in the United States. Smith's attorneys had filed an appeal against the decision, arguing that the untested method could constitute "cruel, inhumane, and degrading treatment." However, U.S. District Judge R Austin Huffaker rejected their request for an injunction, stating that Smith is not guaranteed a painless death.

Smith, who is now 58 years old, was convicted in 1996 for the murder-for-hire slaying of Elizabeth Sennett, the wife of a pastor in northwestern Alabama. He was part of a two-person team hired to carry out the crime, allegedly motivated by Sennett's husband's financial troubles and desire for an insurance payout. Sennett's body was found with multiple stab wounds, and her husband reportedly died by suicide during the murder investigation.

The state of Alabama had previously attempted to execute Smith by lethal injection in 2022, but the procedure was halted due to difficulties in administering the drugs. Now, the state plans to use nitrogen gas, a method that has been authorized by three states but has never been implemented. Advocacy organizations have raised concerns about the potential for pain and suffering if the gas mask becomes dislodged or if vomiting occurs during the procedure.

Smith's attorneys argue that their client is being used as a "test subject" for this experimental method. They plan to appeal the judge's ruling, which could potentially bring the case before the U.S. Supreme Court. However, Alabama Attorney General Steve Marshall sees the ruling as a step closer to justice for the victim and her family. He stated, "With today's order, Alabama is an important step closer to holding Kenneth Smith accountable for the heinous murder-for-hire slaying of an innocent woman, Elizabeth Sennett."

The use of nitrogen gas in executions has sparked a debate over its constitutionality and potential for causing pain. The court's decision hinged on whether the method could inflict "cruel and unusual punishment" on Smith. Judge Huffaker acknowledged that there is not enough research to definitively determine the method's potential for causing pain, but he concluded that it is only likely to do so in a highly unlikely series of events.

Alabama's execution protocol involves placing a respirator-type face mask over Smith's nose and mouth to replace breathable air with nitrogen, leading to death from lack of oxygen. The state has argued that the deprivation of oxygen will cause unconsciousness within seconds and death within minutes, likening it to industrial accidents involving nitrogen gas.

While Alabama moves forward with this controversial execution method, Smith's attorneys and advocacy organizations continue to raise concerns about the untested nature of the procedure and its potential for inflicting unnecessary suffering. As the execution date approaches, the debate over the constitutionality and ethics of nitrogen gas as a means of capital punishment is likely to intensify.