Alabama to Extend Nitrogen Asphyxiation Executions to Other States, According to Reuters

By Jonathan Allen

Alabama has extended assistance to other U.S. states looking to implement executions via nitrogen asphyxiation, shortly after using this method for the first time on Kenneth Smith, a prisoner sentenced for a 1988 murder. The state’s Attorney General, Steve Marshall, stated that since lawmakers approved nitrogen as a method of execution in 2018, 43 other death row inmates have opted for asphyxiation over lethal injection.

While Alabama deems the new method "humane," human rights organizations have condemned it as cruel and torturous. A representative for President Joe Biden expressed that the execution was "troubling," reflecting the administration’s position against capital punishment, despite Biden’s campaign promises to abolish the federal death penalty.

Marshall, a Republican, emphasized the state’s readiness to help others adopt this method, stating, "Alabama has done it, and now so can you." Oklahoma and Mississippi have also included nitrogen asphyxiation in their execution protocols but have not yet utilized it. Alabama has shared its execution protocol with Oklahoma.

Marshall characterized nitrogen asphyxiation as "a proven method," marking it as the first new execution method in the United States since lethal injections were introduced in 1982.

Though nearly half of U.S. states have abolished the death penalty, lethal injection remains the primary method in others. Some states face difficulties in administering lethal injections, often struggling to obtain the necessary drugs or find an appropriate vein, leading to considerations of alternative methods.

There were conflicting accounts regarding the nature of Smith’s execution between state officials and the media witnesses present. Smith, notably, had survived a previous execution attempt in 2022 due to complications in inserting an IV line.

During the execution, a commercial respirator mask was fitted over Smith’s face and connected to a nitrogen canister. Journalists watching reported that he remained conscious for several minutes while nitrogen flowed, eventually shaking and writhing for about two minutes. The Rev. Jeff Hood, who was with Smith, noted that he struggled to breathe.

Despite these observations, Alabama officials insisted that the execution proceeded as intended, indicating that the movements observed could be "involuntary." Marshall described the execution as "textbook."

Oklahoma’s Department of Corrections confirmed ongoing discussions about nitrogen asphyxiation with Alabama counterparts but indicated that they currently do not possess a protocol or equipment for this method. It may take up to two years for them to be prepared to move forward. Mississippi’s Department of Corrections did not respond to inquiries.

Smith’s body will be subjected to an autopsy by Alabama’s Department of Forensic Sciences. He was convicted of the murder of Elizabeth Sennett, having accepted $1,000 to carry out the crime under the direction of her husband, who later took his own life. Although a jury initially recommended a life sentence, an Alabama judge overruled this decision under a now-repealed law. Family members of the victim witnessed the execution and expressed their forgiveness towards the killers.

Civil rights groups, including the American Civil Liberties Union and Amnesty International, condemned the execution, criticizing the methods used to mask the pain involved. Maya Foa, of the rights advocacy group Reprieve, expressed concern about the ongoing use of capital punishment and the suffering it entails.