The US Supreme Court, in a decision on Wednesday (local time), opted not to halt the impending execution of Kenneth Eugene Smith in Alabama, which is poised to be the nation's first nitrogen execution. Smith, a convicted murderer, gained notoriety after surviving a botched lethal injection in 2022, leading authorities to explore alternative death penalty methods, as reported by news agency Reuters.
Despite Smith's appeal to pause his execution, contesting that subjecting him to a second execution attempt after the initial failure inflicted severe trauma, thus violating his Eighth Amendment rights against cruel and unusual punishment, the Supreme Court dismissed his plea.
Scheduled within a 30-hour timeframe designated by Alabama Governor Kay Ivey, Smith's nitrogen hypoxia execution is set to commence at 12 am on Thursday, concluding by 6 am the following day.
The Alabama Department of Corrections (ADOC) has devised a protocol for nitrogen hypoxia, involving securing the inmate to a gurney, outfitting them with a mask and breathing tube, and replacing breathable air with pure nitrogen.
ADOC officials assert that this method induces unconsciousness rapidly and results in death within minutes, portraying it as the most humane and painless execution approach available.
Despite objections from Smith's legal team regarding potential uncertainties and risks associated with nitrogen hypoxia, such as the possibility of prolonged suffering or a slow death due to oxygen deprivation, the court did not find sufficient grounds to halt the execution based on these concerns.
The execution procedure entails the use of a respirator-style face mask that substitutes breathable air with nitrogen, leading to death due to oxygen deprivation.
While nitrogen hypoxia has not been utilized for executions by any state previously, Alabama's adoption of this method could establish a precedent for other states grappling with challenges in procuring the requisite drugs for lethal injections.
Smith's attorneys had previously contended that Alabama's proposed procedure violates the prohibition against cruel and unusual punishment and may impede his ability to pray due to the face mask's interference. Additionally, concerns have been raised about the potential for a prolonged execution or leaving the inmate in a vegetative state if the mask is not hermetically sealed and oxygen seeps in.
Smith was convicted for his involvement in the murder-for-hire killing of Elizabeth Sennett, the wife of Charles Sennett, a pastor, in 1988. Following the failed execution attempt in 2022, where officials struggled to establish intravenous lines, the Supreme Court's ruling enabled Alabama to proceed with Smith's execution using nitrogen gas.
Previous appeals have been lodged regarding the circumstances surrounding Smith's case, with his legal team arguing that the proposed second execution attempt would contravene the Eighth Amendment, citing the severe physical and psychological distress inflicted during the initial attempts.
In 1988, Smith was found guilty of the murder of Elizabeth Sennett, orchestrated alongside an accomplice at the behest of her husband, Charles Sennett, who had taken out a significant insurance policy on his wife. Elizabeth Sennett suffered multiple stab wounds and blunt force trauma. Charles Sennett subsequently took his own life, while Smith's accomplice was also convicted and executed in 2010.
