The Alabama Supreme Court has ruled that the state can proceed with the execution of an inmate using nitrogen gas, a method that has never been used before in carrying out a death sentence. The decision was made by the all-Republican court in a 6-2 vote on Wednesday, with no comment provided. The court granted the state attorney general’s request for an execution warrant for Kenneth Eugene Smith, who was convicted for his involvement in the 1988 murder-for-hire killing of Elizabeth Sennett in northwestern Alabama.
While the court order did not specifically mention the execution method, the attorney general’s court filings indicated that nitrogen would be used. The exact date of the execution will be determined later by Governor Kay Ivey. If carried out, Alabama would become the first state to attempt an execution using nitrogen gas. However, it is expected that there will be further legal challenges regarding this proposed new method. Although Alabama, Oklahoma, and Mississippi have authorized nitrogen hypoxia for executions, none have actually implemented it.
The proposed method involves depriving the inmate of oxygen necessary for bodily functions by forcing them to breathe only nitrogen. Nitrogen constitutes 78% of the air humans inhale and is harmless when mixed with oxygen. Proponents of the method argue that it would be painless, but opponents compare it to human experimentation and have raised concerns about the lack of answers regarding its safety and effectiveness.
Robin Maher, executive director of the Death Penalty Information Center, expressed reservations about Alabama moving forward with this execution method, stating that there are still too many unanswered questions. On the other hand, Alabama Attorney General Steve Marshall praised the court’s ruling, describing it as clearing the way for Smith’s execution by nitrogen hypoxia. However, he also acknowledged the prolonged wait for justice by the victim’s family as “unconscionable.”
Smith’s lawyers had urged the court to reject the execution request, arguing that he should not be used as a “test subject” for the new method. Following the ruling, attorney Robert Grass vowed to continue the legal battle, highlighting that Chief Justice Tom Parker and Justice Greg Cook dissented in the court’s decision.
Last year, the state attempted to execute Smith by lethal injection, but it was unsuccessful. The execution was called off by the Alabama Department of Corrections after the execution team faced difficulties in connecting the required two intravenous lines to Smith. Smith’s attorneys have previously accused the state of attempting to prioritize his execution by nitrogen in order to render his lawsuit challenging lethal injection procedures moot.
Smith was initially recommended a life sentence by a jury with an 11-1 vote, but a judge overrode the recommendation and sentenced him to death. It is important to note that Alabama no longer permits judges to override a jury’s sentencing recommendation in death penalty cases.
Prosecutors in Smith’s case revealed that he and another man were each paid $1,000 to kill Sennett on behalf of her pastor husband, who was heavily in debt and sought to collect insurance. The revelation of the slaying and those responsible for it deeply shook the small community, and Sennett’s husband took his own life a week later. The other man involved in the murder was executed in 2010.
