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Alabama Executes Kenneth Eugene Smith: Controversy Surrounding the Use of Nitrogen Gas

PUBLISHED: January 26, 2024 at 3:04 pm

The state of Alabama executed Kenneth Eugene Smith, a convicted murderer, using nitrogen gas. This marked the first instance of nitrogen gas being used as a method of execution in the United States. The execution has raised concerns from human rights advocates and international bodies, who argue that this new approach may be considered cruel and inhumane. The details surrounding the execution of Kenneth Eugene Smith, the controversy surrounding the use of nitrogen gas, and the implications it has for the future of capital punishment in Alabama and beyond.

Kenneth Eugene Smith, aged 58, was sentenced to death in 1996 for his involvement in the murder-for-hire killing of Elizabeth Sennett, the wife of a pastor, in 1988. Smith and his accomplice, John Parker, were hired by Charles Sennett, Elizabeth’s estranged husband, to carry out the murder. Smith confessed to being present during the killing but denied taking an active role in the attack.

READ ALSO: Alabama’s Bold Move: Nitrogen Gas Execution Method

Charles Sennett, who orchestrated the murder, later took his own life after suspicions arose regarding his involvement. Parker was executed by lethal injection in 2010, while Smith awaited his fate on death row for over three decades.

In November 2022, Alabama attempted to execute Smith through lethal injection, but the procedure was botched. Prison officials were unable to establish intravenous lines to administer the lethal drugs effectively. This failed attempt subjected Smith to a traumatic experience, leading to a diagnosis of post-traumatic stress disorder (PTSD) and exacerbating his anxiety and sleeplessness.

Facing difficulties in obtaining lethal injection drugs and ongoing legal challenges related to the method’s constitutionality, Alabama turned to an alternative execution method: nitrogen gas. In 2018, Alabama became one of three states, along with Oklahoma and Mississippi, to authorize the use of nitrogen hypoxia, a process that induces oxygen deprivation by inhaling pure nitrogen gas.

Proponents of nitrogen gas argue that it offers a more humane alternative to traditional execution methods, such as lethal injection. They claim that nitrogen hypoxia leads to a painless and quick death. However, critics contest these claims, highlighting the lack of scientific evidence and the experimental nature of the method. They argue that the use of nitrogen gas for executions may constitute cruel and unusual punishment, infringing upon the constitutional rights of prisoners.

On the evening of Thursday, Kenneth Eugene Smith was executed using nitrogen gas at an Alabama prison. The execution process involved placing a respirator mask over Smith’s face through which pure nitrogen gas was pumped. The intention was to induce suffocation and oxygen deprivation, leading to a swift and painless death.

Eyewitness accounts from reporters present in the death chamber painted a disturbing picture. Smith was observed writhing, convulsing, and gasping for air on the gurney. These physical manifestations of distress during the execution raise questions about the humaneness and effectiveness of the nitrogen gas method. Critics argue that this execution contradicts Alabama’s claim that nitrogen hypoxia is a humane method of execution.

The execution of Kenneth Eugene Smith using nitrogen gas has drawn substantial criticism and concern from both domestic and international entities. The United Nations (UN) and the European Union (EU) have expressed regret over the execution, asserting that it violates human rights and constitutes torture or cruel, inhuman, or degrading treatment. The UN Human Rights Office has particularly condemned the use of nitrogen gas, emphasizing that it lacks scientific support and poses risks of extreme suffering for the condemned.

Within the United States, the execution has also sparked controversy. Opponents of the death penalty argue that this execution method further highlights the ethical concerns surrounding capital punishment. Organizations such as the American Civil Liberties Union (ACLU) and Death Penalty Action have denounced the use of nitrogen gas for executions, calling for the abolition of the death penalty in all cases.

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Despite the criticism, Alabama officials, including Governor Kay Ivey and Attorney General Steve Marshall, have defended the execution. They maintain that the use of nitrogen gas is constitutional and represents a more humane approach to carrying out the death penalty. They argue that the execution was carried out in accordance with the state’s protocols and that Smith’s symptoms during the process were expected side effects of nitrogen hypoxia.

Alabama officials have also highlighted the state’s ongoing difficulties in obtaining lethal injection drugs and the need for alternative execution methods. They view the use of nitrogen gas as a viable solution to ensure that the death penalty can be administered effectively.

The execution of Kenneth Eugene Smith using nitrogen gas has significant implications for the future of capital punishment, not only in Alabama but also in other states that have authorized or may consider adopting this method. The controversy surrounding the execution may prompt further scrutiny, legal challenges, and public debate on the constitutionality and humaneness of execution methods.

As the conversation surrounding capital punishment evolves, the ethical implications of different execution methods and the need for transparency and legal oversight in the execution process are being reevaluated. The use of nitrogen gas in executions has added a new dimension to these discussions and may shape the future of the death penalty in the United States.

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