A federal judge has authorized the execution of Kenneth Eugene Smith, slated to be the first-ever execution by nitrogen gas in Alabama later this month.
Smith’s legal team filed an appeal in November opposing the use of this untested method, which has garnered condemnation from the United Nations for its potential to inflict “cruel, inhumane, and degrading treatment.”
The defense argued that implementing this method would violate their client’s constitutional rights.
The 58-year-old inmate is scheduled for execution in Alabama between January 25 and January 26.
A prior attempt to execute Smith by lethal injection in November 2022 was unsuccessful due to difficulties in establishing intravenous lines for drug administration.
Judge Denies Bid to Halt January 25 Nitrogen Execution
US District Judge R. Austin Huffaker has dismissed the request for an injunction to halt Smith’s scheduled execution by nitrogen hypoxia on January 25.
Smith’s legal team contends that the state is utilizing him as a “test subject” for an untested execution method and is anticipated to challenge the ruling.
The prospect of whether the execution through nitrogen gas can proceed may potentially be brought before the U.S. Supreme Court.
The state’s strategy involves placing a respirator-type face mask over Kenneth Eugene Smith’s nose and mouth, introducing nitrogen to replace breathable air, ultimately causing death through oxygen deprivation.
While three states—Alabama, Mississippi, and Oklahoma—have sanctioned nitrogen hypoxia as an execution method, none have implemented it thus far.
Smith’s 1988 Conviction: Murder-for-Hire in North Alabama
Kenneth Eugene Smith, along with a co-conspirator, was convicted in 1988 for the murder-for-hire killing of a preacher’s wife in north Alabama, profoundly impacting a small community.
Prosecutors alleged that Smith and his accomplice received $1,000 each to carry out the murder of Elizabeth Sennett, orchestrated by her husband in dire financial straits seeking insurance proceeds.
Having survived a prior attempt at execution through lethal injection in 2022, Smith encountered complications when the required intravenous lines could not be established.
A recent judicial decision allowing the execution by nitrogen to proceed was rendered following a December court hearing.
Legal presentations from Smith’s attorneys and the state of Alabama presented contrasting perspectives on the risks and humanity associated with death by exposure to nitrogen gas.