Alabama Executes Kenneth Smith Using Nitrogen Gas in Landmark U.S Case

During his final moments, Smith expressed disappointment, stating that Alabama had taken humanity a step backward. He acknowledged the support he had received and left with sentiments of love, peace, and light. Media witnesses observed Smith's apparent consciousness for several minutes before witnessing movements and struggles on the gurney.

Corrections Commissioner John Hamm explained that Smith appeared to be holding his breath intentionally, and some involuntary movements were deemed expected. Smith's execution by nitrogen hypoxia marked a unique development as this method had not been previously tested in the United States.

The U.S. Supreme Court rejected a request to block the execution approximately 50 minutes after the scheduled time. Smith, convicted for his role in a 1988 murder-for-hire slaying of a preacher's wife, Elizabeth Sennett, had survived a previous attempt at lethal injection in 2022 due to difficulties in finding suitable veins. This prompted Alabama to pause executions and reconsider its approach.

Governor Kay Ivey expressed closure for the victim's family, while one of Elizabeth Sennett's sons, Michael Sennett, witnessed the execution, describing Smith's appearance on the gurney as resembling "a fish out of water for some time." Smith's wife, Deanna Smith, also attended, asserting that he was a good man who did not deserve such an end.

Leading up to the execution, concerns were raised about potential post-traumatic stress disorder and vomiting resulting from Smith's prior failed execution attempt. His lawyers contended that these factors, coupled with uncertainties about Alabama's redacted execution protocol, raised constitutional concerns about cruel and unusual punishment.

Smith's legal team had persistently sought Supreme Court intervention, arguing that the unknowns about Alabama's protocol, rather than the nitrogen hypoxia method itself, were troubling. Despite concerns from medical experts about potential side effects, including slow asphyxiation, the appeals court upheld the method's legality.

Alabama had approved nitrogen hypoxia in 2018 as an alternative to lethal injection, a method facing challenges due to drug shortages. Oklahoma and Mississippi have also sanctioned this method but have yet to implement it. In his last meal, Smith ordered a Waffle House meal, including a T-bone steak, hash browns, scrambled eggs, and toast.

Concerns about vomiting during the execution prompted prison officials to provide only clear liquids later in the day.

As Smith's execution unfolded, his spiritual adviser, Rev. Jeff Hood, expressed doubts about safety precautions, highlighting a lack of a clear safety plan. The Supreme Court's denial of Smith's requests drew dissent from three liberal justices, emphasizing the constitutional risk of pain.

Smith, convicted at 22 for a murder-for-hire scheme, expressed regrets before his execution, asserting that the adoption of nitrogen gas would only create more victims. After more than three decades, the family of Elizabeth Sennett sought closure, having forgiven Smith as Christians but lamenting the absence of an apology from him. Members of Smith's legal team, post-execution, expressed hope for legislative changes to prevent similar fates for death row inmates.

Source: NBC