Alabama Makes History with First Execution by Nitrogen Gas Despite Controversy

ATMORE, Ala. – For the first time in U.S. history, Alabama has executed a prisoner via nitrogen gas, sparking significant debate and worldwide attention on the subject of capital punishment and the methods employed. The prisoner, Kenneth Eugene Smith, 58, was pronounced dead on Thursday night after breathing pure nitrogen gas through a face mask, marking a significant shift from the lethal injections used since 1982.

Smith's execution attracted international scrutiny as the new technique was deployed. The execution process lasted approximately 22 minutes, during which Smith remained conscious for minutes and exhibited convulsions and heavy breathing before ultimately succumbing to oxygen deprivation.

This controversial method was decided upon after a previous lethal injection attempt on Smith was aborted when officials failed to establish proper IV lines. Alabama Governor Kay Ivey stated that Smith's execution finally brought justice for the 1988 murder-for-hire of Elizabeth Sennett.

The legal battle leading up to the execution focused on the constitutionality of nitrogen hypoxia as a humane execution method, which Smith's lawyers argued could potentially flout the constitutional ban on cruel and unusual punishment. Their pleas were ultimately rejected by federal courts, including a final decision by the U.S. Supreme Court on the night of the execution. Justice Sotomayor, dissenting with two other liberal justices, criticized the decision and lamented the potential risks associated with the novel method.

While Alabama Attorney General Steve Marshall deemed the execution "effective and humane," the move has faced backlash from medical professionals, human rights organizations, and experts from the U.N. Human Rights Council, with some labeling the method as “barbarous” and “uncivilized.”

Smith's legal team highlighted the lack of extensive research on death by nitrogen hypoxia and the secrecy maintained by the state regarding their specific execution protocol, leading to concerns around proper legal scrutiny and the suffering of the condemned.

Prior to his execution, Smith shared moments with family members and conveyed a sense of peace in his final statement while also criticizing the state's step back in humanity. His last meal was described by his spiritual adviser, Rev. Jeff Hood, who outlined Smith's varying emotions from fear of potential torture to a yearning for freedom.

Alabama's execution protocol involved strapping Smith to a gurney and placing a full face respirator mask over his face, through which nitrogen gas was administered for a specified duration, as detailed by Alabama corrections Commissioner John Q. Hamm. The procedure was predicted to bring about unconsciousness and death quickly, but the convulsions shown by Smith questioned the painlessness of the method.

The method came in response to difficulties surrounding the acquisition of lethal injection drugs, prompting states like Alabama, Mississippi, and Oklahoma to sanction nitrogen hypoxia as an alternative. Smith's execution will likely intensify the capital punishment debate as more states consider this method amidst drug shortages.

The victim, Elizabeth Sennett, was found with multiple stab wounds in a case that implicated her pastor husband seeking an insurance payout. Smith's 1989 conviction saw numerous legal turns, including an overturned previous conviction and a re-sentencing despite a jury recommendation for a life sentence — a decision-making power judges in Alabama no longer hold.

As this first use of nitrogen gas in a U.S. execution concludes, the ethical and legal conversation surrounding the practice of capital punishment continues to unfold, with Alabama's approach now setting a precedent for future cases.