Alabama Executes Prisoner with Nitrogen in First New Method in Decades, Says Reuters

By Evan Garcia and Jonathan Allen

ATMORE, Alabama – On Thursday, Alabama executed convicted murderer Kenneth Smith, marking the first use of nitrogen gas as a method of execution in the United States since lethal injections started four decades ago. Smith had been convicted for a murder-for-hire case dating back to 1988 and was notable for having survived a prior execution attempt in November 2022, when officials called off his lethal injection after struggling for hours to establish an intravenous line.

The state hailed its nitrogen asphyxiation protocol as "the most painless and humane method of execution known to man," predicting that Smith would lose consciousness within a minute and die shortly thereafter. However, witnesses reported that the process appeared to take several minutes longer.

Alabama has promoted this method as a more straightforward alternative for correctional facilities that find it challenging to obtain the necessary drugs or locate suitable veins for lethal injections. Yet, human rights advocates, United Nations torture experts, and Smith’s legal team expressed concerns, arguing that the method could be dangerous and might result in a painful death or serious injury.

During his execution, Smith was strapped to a gurney with a respirator mask fastened to his face, through which nitrogen gas was administered to deprive him of oxygen. The execution started at 7:53 p.m. local time, and he was declared dead at 8:25 p.m.

Witnesses, including journalists observing the execution from behind glass, noted that Smith seemed to stay conscious for several minutes after the nitrogen flow began. They described observing him shake his head and writhe for about two minutes, ultimately leading to deep breathing, which then slowed until it became imperceptible.

Alabama Corrections Commissioner John Hamm stated afterward that Smith appeared to struggle slightly against his restraints but suggested that this was an expected response. Rev. Jeff Hood, who was present alongside Smith during his execution, claimed prison officials were visibly shocked by how poorly the execution went, describing it as a distressing scene.

In his final moments, Smith condemned the execution, stating, "Tonight, Alabama caused humanity to take a step backward." He expressed love and peace to his family members present, affirming, "I’m leaving with love, peace and light."

Smith’s legal team had attempted to challenge the execution in federal courts on the grounds that this new method represented unconstitutional "cruel and unusual punishment." However, they did not succeed in preventing the execution, raising concerns that the respirator mask might not seal correctly, risking unwanted exposure to oxygen.

Though the use of poisonous gases in executions is not unprecedented, this marked a first-time application of an inert gas for the purpose of suffocation in capital punishment cases. Both Oklahoma and Mississippi have also approved nitrogen asphyxiation for executions but have yet to implement the method.

Smith, who had suffered from nausea since his previous execution attempt, raised worries that he would vomit into the mask. In anticipation, prison officials served him a final meal earlier in the day, following which he was prohibited from solid food. His last meal consisted of steak, hash browns, and eggs.

On the evening of the execution, the U.S. Supreme Court declined to grant Smith’s final appeal for a delay. Alabama Governor Kay Ivey issued a statement following the execution, reflecting on the brutal murder of Elizabeth Sennett, for whom Smith was convicted, and emphasized that Smith had finally faced the consequences of his actions.

Smith had been convicted of killing Sennett, the wife of a preacher, after he and his accomplices accepted a contract from her husband to carry out the murder. Although the jury had favored a life sentence, an Alabama judge overruled their recommendation due to a now-invalidated law.

Several family members of Elizabeth Sennett were in attendance, expressing their forgiveness toward Smith. Mike Sennett, her son, described the day as bittersweet, asserting that it would not bring his mother back and indicating a sense of closure with the execution’s conclusion.