On Thursday, Alabama executed convicted murderer Kenneth Eugene Smith using nitrogen gas, a first-of-its-kind method that has once again sparked debate over capital punishment in the United States. While the state claims that this method is humane, critics argue that it is cruel and experimental.
Smith, 58, was pronounced dead at 8:25 p.m. at an Alabama prison after breathing pure nitrogen gas through a face mask, causing oxygen deprivation. This marked the first time a new execution method has been used in the United States since lethal injection was introduced in 1982.
The execution process took approximately 22 minutes, during which Smith appeared to remain conscious for several minutes. He was seen shaking and writhing on the gurney, pulling against restraints, and breathing heavily before eventually becoming still.
In his final statement, Smith expressed love, peace, and light, and made the “I love you” sign towards his family members who were present as witnesses. He said, “Tonight, Alabama causes humanity to take a step backwards. I’m leaving with love, peace, and light. Thank you for supporting me. Love, love all of you.”
Alabama Governor Kay Ivey stated that the execution was justice for the murder-for-hire killing of 45-year-old Elizabeth Sennett in 1988. She said, “After more than 30 years and attempt after attempt to game the system, Mr. Smith has answered for his horrendous crimes. I pray that Elizabeth Sennett’s family can receive closure after all these years dealing with that great loss.”
Mike Sennett, the victim’s son, also spoke after the execution, saying that Smith had been incarcerated for almost twice as long as he knew his mother. He added, “Nothing that happened here today is going to bring Mom back. It’s a bittersweet day. We are not going to be jumping around, whooping and hollering. I’ll end by saying Elizabeth Dorlene Sennett got her justice tonight.”
This execution comes after a last-minute legal battle, with Smith’s attorneys arguing that the state was using him as a test subject for an experimental execution method that could violate the constitutional ban on cruel and unusual punishment. However, federal courts rejected Smith’s bid to block the execution, with the latest ruling coming from the U.S. Supreme Court on Thursday night.
Justice Sonia Sotomayor, along with two other liberal justices, dissented and wrote, “Having failed to kill Smith on its first attempt, Alabama has selected him as its ‘guinea pig’ to test a method of execution never attempted before. The world is watching.” However, the majority justices did not issue any statements.
The state had predicted that the nitrogen gas would cause unconsciousness within seconds and death within minutes. Alabama’s Attorney General Steve Marshall said late Thursday that nitrogen gas “was intended to be – and has now proved to be – an effective and humane method of execution.”
When asked about Smith’s shaking and convulsing on the gurney, Alabama corrections Commissioner John Q. Hamm stated that they appeared to be involuntary movements. He added, “That was all expected and was in the side effects that we’ve seen or researched on nitrogen hypoxia. Nothing was out of the ordinary from what we were expecting.”
However, Smith’s spiritual advisor, Rev. Jeff Hood, who was present during the execution, stated that it did not match the state attorney general’s prediction in court filings that Smith would lose consciousness in seconds, followed by death within minutes. He said, “We didn’t see somebody go unconscious in 30 seconds. What we saw was minutes of someone struggling for their life.”
Some doctors and organizations had expressed concern about the method, and Smith’s attorneys had asked the Supreme Court to halt the execution to review claims that it violates the constitutional ban on cruel and unusual punishment and deserved more legal scrutiny before being used on a person.
In her dissent, Justice Sotomayor stated that Alabama had shrouded its execution protocol in secrecy, releasing only a heavily redacted version. She also argued that Smith should have been allowed to obtain evidence about the protocol and proceed with his legal challenge. She wrote, “That information is important not only to Smith, who has an extra reason to fear the gurney, but to anyone the state seeks to execute after him using this novel method.”
Justice Elena Kagan wrote a separate dissent, joined by Justice Ket
