(Scypre.com) – In a significant development in the United States, Kenneth Eugene Smith, an inmate on Alabama’s death row, is poised to become the first individual in the country to be executed using nitrogen gas. This follows after his last-ditch appeals were rejected by both the US Supreme Court and a lower appellate court.
The use of nitrogen gas for executions, a method that entails administering the gas through a mask, has been the subject of considerable debate. Critics, including Smith’s legal representatives, have labeled it as a form of “cruel and unusual” punishment, a characterization that aligns with the Eighth Amendment of the US Constitution, which safeguards against such practices.
Concerns have been raised about the potential for unnecessary suffering and risks associated with nitrogen, such as the possibility of leaks harming those in the execution chamber.
Smith, 58, received his death sentence following his 1989 conviction for the murder of Elizabeth Sennett. As per Alabama state regulations, the execution must be carried out within a 30-hour window starting from Thursday at 0600 GMT (0100 ET). Smith, in a recent conversation with the BBC, expressed that the anticipation of his execution feels akin to torture.
This method of execution, nitrogen hypoxia, which involves the inhalation of pure nitrogen leading to cellular breakdown and eventual death, has sparked controversy. Some medical professionals have warned of potential severe complications, ranging from violent convulsions to the risk of surviving in a vegetative state.
Alabama, along with two other US states, has adopted this method as an alternative to lethal injection, primarily due to increasing difficulties in obtaining the drugs traditionally used in executions. This change comes amidst a general decline in the number of executions across the nation.
In a previous attempt two years ago, Alabama tried to execute Smith via lethal injection but failed due to difficulties in establishing an intravenous line before the expiry of the death warrant. Smith, alongside John Forrest Parker, was found guilty of murdering 45-year-old Sennett in a murder-for-hire plot in March 1988, where Sennett was brutally attacked and her death staged to appear as a burglary.
The mastermind behind this heinous act was her husband, Charles Sennett, a debt-ridden preacher, who later committed suicide as investigators closed in on him.
The United Nations High Commissioner for Human Rights has weighed in on the matter, suggesting that executing Smith via gassing could constitute torture or other inhumane treatment, and has called for a halt to the procedure. Despite these concerns and multiple appeals, including a recent submission to the Supreme Court, the legal challenges have been unsuccessful.
The Supreme Court declined to hear Smith’s appeal, with no justice publicly dissenting, and a lower court also dismissed his request for an injunction against the use of nitrogen gas.
In addition to the ethical and legal arguments, there are concerns about the practical aspects of using nitrogen gas for execution. Smith’s lawyers have argued that this method is untested and potentially dangerous, possibly leaving the inmate at risk of choking. However, State Attorney General Steve Marshall has previously described it as “perhaps the most humane method of execution ever devised.”
Adding to the controversy, Reverend Jeff Hood, Smith’s spiritual advisor, who will be present during the execution, raised alarms about safety measures in the execution chamber. He reported that during a recent walkthrough, he observed unplugged oxygen-level meters and expressed deep concern over the lack of a clear safety plan, highlighting the state’s recent history of botched lethal injection attempts.
Reverend Hood has also called on Alabama’s Governor Kay Ivey to demonstrate her confidence in the safety of this execution method by being present in the chamber, a request that has yet to receive a response.
This situation brings into focus the broader context of capital punishment in Alabama, a state with one of the highest per capita execution rates in the US and a significant number of individuals on death row. The state’s recent history includes several failed attempts at lethal injection since 2018, leading to an internal review that controversially placed much of the blame on the prisoners themselves.