The U.S. state of Alabama is set to execute a prisoner using nitrogen gas asphyxiation this Thursday evening for the first time judicially, which is seen by the state as a simpler and more viable alternative to lethal injections.
Kenneth Smith, who was convicted for a 1988 murder-for-hire, narrowly escaped a previous execution attempt in November 2022. During that attempt, officials failed to successfully administer a lethal injection, leading to the procedure’s cancellation.
Alabama’s new execution protocol involves securing Smith on a gurney and fitting him with a commercial industrial-safety respirator mask, which will be connected to a nitrogen canister. The state claims this method is extremely humane, asserting that unconsciousness should occur within minutes, followed by death. However, human rights experts, including those from the United Nations, have criticized this approach as human experimentation, potentially leading to injury or a torturous demise.
Smith’s legal team has unsuccessfully appealed to the 11th Circuit U.S. Court of Appeals to delay the execution, allowing for challenges to this new method. They now intend to bring their case to the U.S. Supreme Court. A separate appeal to the Supreme Court to halt the execution, citing the previous failed attempt as “cruel and unusual punishment,” was also denied.
Concerns have been raised about the execution’s feasibility, particularly regarding the mask’s ability to seal effectively, potentially causing oxygen leakage. This could delay or prevent unconsciousness, risking severe brain damage. Smith’s lawyers have suggested alternative methods, including a nitrogen-filled hood or a firing squad.
Experts on the death penalty have noted the state’s lack of transparency regarding safety measures for those conducting the execution, given the use of nitrogen gas, which is invisible and odourless. Rev. Jeff Hood, Smith’s spiritual adviser who will be present at the execution, has acknowledged the risks associated with this method.
The difficulty in obtaining drugs for lethal injections has led states like Alabama to explore alternatives. This shortage is partly due to pharmaceutical companies adhering to a European trade ban on goods used in torture or executions. States like Oklahoma and Mississippi have also sanctioned nitrogen gas for executions but haven’t yet implemented it.
Maya Foa, a director of the international human rights legal group Reprieve, criticized Alabama’s method as a violent act that obscures the state’s role in taking a life. She highlighted the prior failed execution attempt as an act of torture; a sentiment echoed in the case of the upcoming execution.
Smith was found guilty of murdering Elizabeth Sennett, a preacher’s wife, for a fee. Although a jury recommended a life sentence, an Alabama judge, using a now-abolished law, imposed the death penalty. Some of Sennett’s family members, endorsing the execution, have expressed their pain and the desire for justice.
