Landmark Moment: Alabama Conducts First-Ever U.S. Execution Using Nitrogen Gas

Alabama marked a historic moment by conducting the first U.S. execution using nitrogen gas. Kenneth Smith, convicted for the 1988 murder of Elizabeth Sennett, underwent the untested method of nitrogen hypoxia. The execution took place at the William C. Holman Correctional Facility in Atmore.

Execution Details

The execution commenced at 7:53 p.m. Central time, with Smith declared dead at 8:25 p.m. The use of nitrogen gas represented a departure in execution methods, and the U.S. Supreme Court allowed it to proceed despite objections from three liberal justices.

Smith’s Reaction

Strapped to a gurney with a mask on his head, Smith exhibited a remarkable reaction during the procedure. Witnesses reported that he remained conscious for several minutes, “shook and writhed” for at least two minutes, and breathed heavily. His breathing eventually slowed until it was no longer apparent.

Supreme Court’s Decision

The Supreme Court’s order lacked an explanation, with the dissenting liberal justices expressing concerns about Alabama’s untested method. Justice Sonia Sotomayor termed Smith the state’s “guinea pig,” while Justice Elena Kagan called for a pause to examine the exceptional circumstances surrounding the new execution method.

Implications for Other States

Alabama’s decision to use nitrogen gas has broader implications for states facing challenges in obtaining lethal injection drugs. Mississippi and Oklahoma have authorized nitrogen hypoxia as an alternative execution method.

Governor’s Decision

Governor Kay Ivey chose not to exercise her clemency power, stating that the execution was lawfully carried out by nitrogen hypoxia, the method previously requested by Smith.

Unique Case Background

Smith’s case stands out as the jury that convicted him had voted 11 to 1 in favor of a life sentence, but the judge overruled their decision. Alabama’s recent law against judges overruling jury recommendations for life sentences does not apply to prior cases.

Spiritual Adviser’s Account

Rev. Jeff Hood, Smith’s spiritual adviser, witnessed the execution and described watching “minutes of someone struggling for their life.” Smith had expressed fear that the execution might go wrong.

White House Response

The White House declined to comment on the state-level case, and President Biden, who campaigned on ending the federal death penalty, has expressed concerns about the implementation of the death penalty.

Alabama’s Troubled History

Alabama’s use of nitrogen gas follows several problematic lethal injections, where executioners faced difficulties finding veins. The execution of Smith had previously failed in 2022 due to issues with lethal injection, prompting a temporary halt to all executions in the state. The resumption of executions in 2023 led to the use of nitrogen hypoxia in Smith’s case.

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