The second attempt proved to be successful. Alabama successfully executed Kenneth Eugene Smith, who was sentenced to death for the murder of a pastor’s wife in March 1988, on Thursday afternoon. After an unsuccessful execution in November 2022 due to difficulties finding a vein for lethal injection, Alabama resorted to the innovative method of nitrogen asphyxiation.
The execution lasted for a duration of 32 minutes, from 7:53 pm to 8:25 pm. Smith was fitted with a mask to inhale nitrogen, which eventually deprived him of oxygen and led to his death. However, contrary to predictions, Smith remained conscious for several minutes as the gas filled his lungs.
Witnesses reported that Smith “shivered and writhed” for at least two minutes before struggling to breathe. The execution was described as particularly violent compared to previous ones witnessed in Alabama. Before his death, Smith managed to say a few words expressing his dissatisfaction with Alabama’s execution process.
The use of nitrogen asphyxiation has sparked controversy regarding its level of cruelty and pain inflicted upon the prisoner. Some argue that it is the most painless and humane method of execution, while others believe it to be humiliating and painful. Medical experts and the United Nations have raised concerns about potential convulsions and even vomiting caused by the mask itself.
The introduction of nitrogen hypoxia as a method of execution is a response to the difficulties states face in obtaining the drugs necessary for lethal injection. The export of these drugs to the United States has been vetoed by the European Union since 2011, and pharmaceutical companies’ ethics and image concerns have further complicated the process. Mississippi and Oklahoma have also resorted to gas asphyxiation due to these challenges.
Despite the lack of precedents and doubts surrounding the method, federal judges and the Supreme Court refused to consider last-minute requests for clemency, allowing the execution to proceed. Only three progressive justices of the Supreme Court expressed dissent and attempted to postpone Smith’s death.
Smith, who was 22 years old at the time of the crime, was sentenced to death in 1989 for his involvement in the murder of Elizabeth Dorlene Sennett. Sennett’s husband had paid Smith and another individual to carry out the murder, aiming to collect life insurance and pay off debts. Smith’s accomplices have already faced their punishments, with one being executed in 2010 and the other dying in prison in 2020.