Alabama has recently taken a significant step in its approach to capital punishment, marking a momentous occasion in the ongoing national conversation. The state has introduced a new method, utilizing nitrogen gas, to carry out the sentence of a convicted individual, a move that has once again positioned the U.S. as a pivotal player in discussions surrounding capital punishment practices.
In a groundbreaking event when the US executes a man with nitrogen gas, the state of Alabama has employed nitrogen gas in the execution of a convicted individual, a method that is being utilized for the very first time. This approach has sparked a wide array of opinions, with many advocating its humaneness, while some critics express concerns, labeling it as untested and harsh.
The Execution Process
Kenneth Eugene Smith, 58, was officially declared deceased at 8:25 p.m. at an Alabama correctional facility, following the administration of pure nitrogen gas through a facial mask, a process designed to induce a lack of oxygen.
This marked a historic moment, as it was the inaugural instance of this execution method being applied in the United States since the introduction of lethal injection in 1982 (the current predominant method).
The execution process spanned approximately 22 minutes, from the moment the curtains to the viewing room were drawn open until they were closed. Observations noted that Smith seemed to maintain consciousness for a few minutes during the procedure.
Initial moments were characterized by visible physical reactions and movements against the restraints for roughly two minutes. This was succeeded by a period of pronounced breathing, which eventually became imperceptible.
In his final moments, Smith shared a heartfelt message, saying, “Tonight, Alabama prompts humanity to reflect deeply. … I depart with love, peace, and light in my heart.”
Expressing his affection, Smith gestured the “I love you” sign with his hands to his family members who were present, expressing his gratitude, “Thank you for your unwavering support. Love, love to each one of you,” he conveyed.
Alabama Governor Kay Ivey addressed the execution as a step towards justice for the tragic murder-for-hire of Elizabeth Sennett in 1988.
“After over three decades and numerous attempts to navigate the legal system, Mr. Smith has finally been held accountable for his grave actions,” Governor Ivey remarked. “My thoughts are with Elizabeth Sennett’s family, hoping they find some solace and closure after enduring such a profound loss for so many years.”.
Mike Sennett, Elizabeth’s son, reflected on the evening, acknowledging that while the execution doesn’t bring his mother back, it marks a poignant moment of justice for her. “Today’s events won’t return Mom to us. It’s a day of mixed emotions. We’re not celebrating; rather, we’re acknowledging that Elizabeth Dorlene Sennett has received the justice she deserved tonight.”
The execution followed a previous unsuccessful attempt in 2022 due to technical difficulties. This time, it proceeded after intense legal debates, with Smith’s lawyers arguing against what they deemed an untested and potentially unconstitutional method of execution. However, the U.S. Supreme Court ultimately allowed it to proceed.
US Executes a Man with Nitrogen Gas – Is it Ethical?
Justice Sonia Sotomayor, along with two other justices, voiced their dissent, highlighting the ethical concerns of using an unproven method, “Having not succeeded in their initial attempt, Alabama has now chosen Smith as its ‘test subject’ for an unprecedented execution technique. The international community is observing.”
The state had anticipated that the use of nitrogen gas would lead to rapid unconsciousness and a swift death. Late Thursday, State Attorney General Steve Marshall affirmed that nitrogen gas “has proven to be an effective and humane execution method.”
Addressing observations of Smith’s physical reactions, Alabama Corrections Commissioner John Q. Hamm clarified that such responses were anticipated and aligned with their understanding of nitrogen hypoxia’s effects. “The reactions observed were within the expected range of side effects we had researched for nitrogen hypoxia,” Hamm stated.
Rev. Jeff Hood, Smith’s spiritual advisor, however, noted that the execution did not align precisely with the state attorney general’s earlier predictions of an immediate loss of consciousness followed by a quick death.
Rev. Jeff Hood, who witnessed the execution, shared a poignant observation, “We didn’t witness a swift transition into unconsciousness within 30 seconds. Instead, we saw prolonged moments of a human being in a struggle for life,” he reflected.
The method used raised concerns among various medical professionals and organizations. Smith’s legal team urged the Supreme Court to pause the execution for a thorough review, arguing that it potentially breached the constitutional protection against cruel and unusual punishment and merited more scrutiny before its application.
“There’s a significant lack of research on death by nitrogen hypoxia. When the State contemplates introducing a new execution method that hasn’t been tried before, it’s crucial for the public to be confident that the State has thoroughly researched the method and established protocols to minimize the condemned individual’s pain and suffering,” Smith’s attorneys emphasized in their plea.
Justice Sonia Sotomayor, in her dissent, criticized Alabama for the lack of transparency in its execution protocol, noting that only a heavily edited version was made public. She stressed that Smith, and potentially others facing this new method of execution, deserved the right to understand the protocol fully and to challenge it legally.
“This information is not only vital for Smith, who understandably harbors deep fears about the process, but also for any future individuals whom the State plans to execute using this untested method,” Sotomayor articulated.
“Twice now, this Court has overlooked Smith’s warnings about the unconstitutional pain risks involved,” Sotomayor expressed, adding, “I earnestly hope that his fears are not realized once again.”
Hours Leading Up to the Execution
In the hours leading up to the execution, Smith spent time with his family and his spiritual advisor, as confirmed by a prison spokesperson.
Rev. Hood shared that Smith’s last meal consisted of a T-bone steak, hash browns, toast, and eggs, all generously topped with A1 steak sauce. Speaking before the execution, Hood conveyed Smith’s mixed emotions, “He’s deeply frightened of the potential agony. Yet, he’s also found a sense of peace. He confided in me that, in a way, he’s relieved to be finally freed from this ordeal.”
The execution protocol detailed that Smith would be secured to a gurney in the chamber— the same spot where he spent hours during a previous lethal injection attempt. A comprehensive face mask connected to a respirator would be fitted over his face.
Following his final statement, the warden, stationed in a separate room, would initiate the flow of nitrogen gas. The protocol mandated the gas to be administered for a minimum of 15 minutes or until five minutes after the EKG indicated no cardiac activity, whichever duration was longer.
However There were still Concerns Raising
The Sant’Egidio Community, a Catholic charity affiliated with the Vatican and based in Rome, implored Alabama to reconsider the execution, labeling the method as “barbaric” and “uncivilized,” and warning that it would cast a lasting shadow of disgrace over the state.
Additionally, experts from the U.N. Human Rights Council expressed concerns that the execution method might infringe upon the international prohibition against torture.
As certain states explore alternative execution methods due to the scarcity of lethal injection drugs, Alabama, Mississippi, and Oklahoma have sanctioned nitrogen hypoxia as an option. However, this marked the first instance of its application.
Concerns were raised by Smith’s legal team about the risk of him choking on his vomit as the nitrogen gas was administered. Consequently, the state implemented a last-minute procedural adjustment, prohibiting him from eating in the eight hours preceding the execution.
For what Reason was Smith Convicted?
Elizabeth Sennett was tragically found deceased in her home on March 18, 1988, bearing multiple stab wounds. Smith, alongside another individual, John Forrest Parker, was convicted for the murder.
It was alleged that they were hired for $1,000 by Sennett’s pastor husband, who was in substantial debt and aimed to claim insurance money. The husband, Charles Sennett Sr., took his own life when the investigation turned towards him.
Smith’s initial 1989 conviction was overturned, but he was convicted again in 1996. Although the jury favored a life sentence with an 11-1 vote, a judge overruled this decision, sentencing him to death. Notably, Alabama has since revised its laws, no longer permitting a judge to override a jury’s decision regarding the death penalty.
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