In a landmark event that has stirred controversy and drawn attention globally, the state of Alabama executed convicted murderer Kenneth Eugene Smith using nitrogen gas, marking the first instance of this method of capital punishment in the United States. The 58-year-old Smith had exhausted all legal avenues, losing two final appeals to the Supreme Court and one to a federal appeals court, wherein he argued that the execution by nitrogen gas amounted to cruel and unusual punishment.
Alabama Executes Kenneth Eugene Smith with Historic Nitrogen Gas Method
Notably, Alabama had attempted to execute Smith in 2022 by lethal injection, but the procedure failed. Smith, convicted in 1989 for the murder of a preacher’s wife, Elizabeth Sennett, in a killing-for-hire scheme, faced the unique and controversial method of nitrogen gas execution after legal challenges and a shifting landscape in the use of lethal injections due to difficulties in obtaining the necessary drugs.
The Death Penalty Information Center reported that Smith’s execution using pure nitrogen gas was a first not only in the United States but anywhere in the world. This development highlights the adoption of nitrogen hypoxia as an alternative method of execution by Alabama and two other U.S. states, driven in part by the increasing challenges associated with procuring the drugs needed for lethal injections.
The Unique Case of Kenneth Eugene Smith
A group of five members of the media were chosen to witness the execution, which took place at the Holman Correctional Facility in Atmore. As the nitrogen gas flowed into Smith’s mask, witnesses reported that he addressed those present, expressing gratitude and love. The execution proceeded with two to four minutes of observed writhing and approximately five minutes of heavy breathing before Smith was pronounced dead at 20:25 local time.
The unique nature of nitrogen gas execution lies in its physiological impact. Depriving the body of oxygen, the method leads to the breakdown of cells and eventual death. Despite concerns raised by some medical professionals, Alabama officials, including Governor Kay Ivey and Attorney General Steve Marshall, hailed it as an effective and humane approach to carrying out justice. The corrections commissioner, John Hamm, stated that Smith’s involuntary movements were within the expected side effects of nitrogen hypoxia.
Alabama’s Use of Nitrogen Hypoxia
Governor Ivey, who did not attend the execution, issued a statement expressing closure for the victim’s family after more than 30 years of legal proceedings. Attorney General Marshall refuted predictions of dire consequences and emphasized that justice had been served. The victim’s son, Charles Sennett Jr., echoed a sentiment of little sympathy for Smith, emphasizing the brutality of the crime committed against his mother.
Smith’s legal team, in a statement, expressed deep sadness over the execution, highlighting that the jury had initially voted to spare his life, but a judge overrode that decision. They urged consideration of Smith’s life in its entirety, acknowledging the irreversibility of the tragic consequences of his actions.
The details of Smith’s final 48 hours provided by the Alabama Department of Corrections shed light on the human aspects leading up to the execution. He was visited by family, friends, a spiritual adviser, and his attorney. His last meals included a breakfast of two biscuits, eggs, grape jelly, applesauce, and orange juice, followed by steak and eggs with hash browns as his final meal.
Nitrogen Gas Execution in Alabama
This execution marked a significant development in the ongoing debate surrounding capital punishment. The Supreme Court’s denial of a last-minute reprieve and the dissent of three liberal justices fueled discussions on the unprecedented nature of using Smith as a “guinea pig” for a previously untested method of execution. Justice Sonia Sotomayor emphasized that the world was watching Alabama’s attempt, especially considering the state’s failure to execute Smith on its first attempt.
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Medical professionals had voiced concerns about potential catastrophic mishaps associated with nitrogen gas execution, ranging from violent convulsions to survival in a vegetative state. These concerns were echoed by the UN’s High Commissioner for Human Rights, who urged a halt to the execution, citing the possibility of it constituting torture or other cruel, inhuman, or degrading treatment under international human rights law.