Alabama Executes Kenneth Smith Using Nitrogen Gas: First Use of New Method in U.S. History

Alabama executed convicted murderer Kenneth Smith on Thursday, marking the first use of a new method of capital punishment in the United States since lethal injections began four decades ago. The execution, which utilized nitrogen gas, drew significant attention and sparked controversy due to its experimental nature and potential risks.

Smith, convicted of a 1988 murder-for-hire, had already survived one execution attempt. In November 2022, Alabama officials halted his execution by lethal injection after encountering difficulties inserting an intravenous line's needle into his body. This made Smith a rare case in the history of capital punishment.

The state of Alabama introduced the new protocol, which it touted as "the most painless and humane method of execution known to man." It assured that Smith would lose consciousness in under a minute and pass away shortly thereafter. However, witnesses reported that the process took longer than expected, raising concerns about its efficacy and humaneness.

The use of nitrogen gas as a method of execution garnered attention from human rights groups, United Nations torture experts, and Smith's legal team, who argued against its implementation. They expressed concerns about the potential for an agonizing death or non-fatal injury, labeling the method as risky and experimental.

During Smith's execution, he was restrained on a gurney and fitted with a commercial industrial-safety respirator mask. A canister of pure nitrogen, once activated, deprived him of oxygen, leading to his eventual death. However, witnesses observed Smith remaining conscious for several minutes after the nitrogen was initiated. He appeared to struggle and exhibit signs of distress before ultimately succumbing.

The execution began at 7:53 p.m. local time and concluded at 8:25 p.m., according to prison officials. Smith's apparent discomfort during the process prompted criticism and further scrutiny of the new execution method.

Rev. Jeff Hood, Smith's spiritual adviser, described witnessing minutes of struggle and discomfort during the execution. He highlighted the visible surprise of prison officials and emphasized the distressing nature of the procedure.

Smith made a lengthy final statement before the execution commenced, expressing his dissatisfaction with Alabama's choice of execution method. Despite the challenges he faced, he conveyed love and peace to his family and loved ones present at the execution.

Legal challenges to Alabama's new execution method were mounted by Smith's legal team, who argued that it constituted unconstitutional "cruel and unusual punishment." However, their efforts fell short, and the execution proceeded as planned.

The use of nitrogen gas for executions is unprecedented, marking a departure from traditional methods involving lethal injections or poisonous gasses like hydrogen cyanide. While Oklahoma and Mississippi have also approved nitrogen asphyxiation methods, they have yet to carry out executions using this method.

Smith's case drew attention not only for the controversial execution method but also for the circumstances surrounding his conviction. He was convicted of murdering Elizabeth Sennett in a 1988 murder-for-hire scheme orchestrated by her husband. Despite initial efforts by some jurors to sentence Smith to life in prison, an Alabama judge overruled their recommendation, leading to Smith's death sentence.

The execution prompted reflections from Sennett's relatives, who expressed forgiveness towards Smith but acknowledged the irreversible loss of their loved one. They emphasized the bittersweet nature of the occasion, recognizing that it would not bring closure to their grief.

Alabama Governor Kay Ivey defended the execution, citing Smith's culpability in the heinous crime and emphasizing the need for justice to be served. The execution reignited debates surrounding the ethics and effectiveness of capital punishment, particularly as states explore alternative methods amid challenges with traditional protocols.