Alabama is requesting permission from the state Supreme Court to execute death row inmate Kenneth Eugene Smith using pure nitrogen. If approved, Alabama would become the first state to use this method of execution.
The concept behind nitrogen hypoxia is to force the inmate to breathe only nitrogen, cutting off their oxygen supply and causing them to die. Nitrogen makes up the majority of the air we breathe and is harmless when combined with oxygen. While proponents argue that this method would be painless, opponents compare it to human experimentation.
Alabama authorized the use of nitrogen hypoxia in 2018 due to a shortage of drugs for lethal injections. However, the state has not yet utilized this method for carrying out a death sentence. Oklahoma and Mississippi have also approved nitrogen hypoxia but have not implemented it.
The announcement that Alabama is prepared to use nitrogen hypoxia is expected to spark legal debates on its constitutionality.
The Equal Justice Initiative, a legal advocacy group focused on death penalty issues, expressed concern about Alabama’s history of problematic execution attempts and stressed that experimenting with an unproven method is not advisable.
Smith was previously scheduled to be executed by lethal injection, but the procedure was cancelled due to difficulties with inserting an IV. Alabama aims to proceed with the death sentence, arguing that it is long overdue.
Alabama has been working on developing the nitrogen hypoxia execution method for several years, but little information has been disclosed regarding the specifics. While a protocol is said to be near completion, the attorney general’s court filing did not provide any details on how the execution would be carried out.
Some Alabama inmates on death row who are facing lethal injection have filed appeals to be executed by nitrogen hypoxia as an alternative method.
The attorney representing Smith declined to comment on the matter.
The case revolves around the 1988 murder of Elizabeth Sennett, a preacher’s wife, for which Smith and another man were convicted. Smith’s accomplice was executed in 2010. Charles Sennett, the victim’s husband, died by suicide when he became a suspect in the case.
