Historic Execution in Alabama as US Inmate Faces First Nitrogen Gas Method

In a landmark development, Alabama is set to execute death row inmate Kenneth Eugene Smith using nitrogen gas, marking the first such execution in the United States and globally. Despite last-minute appeals citing concerns of "cruel and unusual" punishment, both the US Supreme Court and a lower appeals court have declined to intervene.

Background: Kenneth Eugene Smith, 58, was convicted in 1989 for the murder of Elizabeth Sennett. Sennett's death was orchestrated in a $1,000 killing-for-hire scheme by Charles Sennett, her debt-ridden preacher husband. Smith, one of the two hitmen involved, admitted to being present during the murder but claimed he did not participate in the attack. Charles Sennett took his own life as investigators closed in.

Nitrogen Gas Execution Method: Alabama, along with two other states, has approved the use of nitrogen hypoxia as an alternative method of execution due to difficulties in obtaining lethal injection drugs. Nitrogen gas is expected to be pumped through a mask, causing the inmate to lose consciousness within seconds, leading to death in a matter of minutes. Critics argue that this method may result in unnecessary suffering and pose potential risks, including leaks that could harm those present in the execution room.

Legal Battles and Appeals: Smith's legal team has lodged multiple appeals, including a challenge to the Supreme Court, arguing that subjecting convicts to multiple execution attempts violates the Eighth Amendment of the US Constitution, which prohibits "cruel and unusual" punishment. The Supreme Court, as well as the 11th US Circuit Court of Appeals, declined to halt the execution, asserting that Smith's challenges lacked merit.

Controversies and Safety Concerns: Medical professionals have criticized the use of nitrogen gas, suggesting potential catastrophic mishaps, such as violent convulsions or survival in a vegetative state. Smith's spiritual adviser, Reverend Jeff Hood, expressed concern over safety during the execution, citing oxygen-level meters found unplugged in the execution chamber. Hood also highlighted the lack of a clear safety plan, emphasizing the potential risks associated with the untested nitrogen gas method.

Political Involvement and Accountability: Alabama Governor Kay Ivey, a proponent of this execution method, faces criticism for not personally ensuring safety in the chamber. Reverend Hood requested her presence during the execution to demonstrate confidence in the process but received no response. Alabama, known for having one of the highest per capita execution rates in the US, has faced challenges in past attempts, with three botched lethal injections since 2018.

As Alabama prepares for this historic execution, the use of nitrogen gas raises ethical and safety concerns, prompting legal battles and public outcry. The outcome of Kenneth Eugene Smith's execution could potentially set a precedent for the future use of alternative methods in the US and beyond, as the debate over humane execution practices continues.