Kenneth Smith faces unprecedented execution method after surviving previous lethal injection attempt

In a historic turn of events, the United States is poised to carry out its inaugural execution using nitrogen gas, a method never before utilized for the death penalty. Kenneth Eugene Smith, an Alabama inmate, is slated to face this novel execution after surviving a botched lethal injection in November 2022.

Smith, 58, is scheduled to be moved to Alabama’s Holman Correctional Facility’s “death cell” on Tuesday, with the execution set for Thursday, pending any successful appeal. This follows a chilling episode during his previous execution attempt, where staff struggled to administer the lethal injection, prompting the state to call off the procedure after nearly four hours.

Expressing his apprehension about the impending execution, Smith shared a recurring nightmare that has haunted him—a vivid dream of being escorted back into the death chamber. He described the overwhelming fear he experienced in the dream and how it continues to disturb him, emphasizing his lack of readiness for the ordeal.

Nitrogen hypoxia, authorized in Alabama, Mississippi, and Oklahoma, is the proposed method for Smith’s execution. The process involves placing a gas mask over the inmate’s nose and mouth to replace breathable air with nitrogen, inducing death through oxygen deprivation. However, Smith’s legal team argues that this execution method is unconstitutional and raises religious concerns, as the mask could interfere with his ability to pray aloud and make a final statement.

In an unprecedented move, the state plans to use a “NIOSH-approved Type-C full facepiece supplied air respirator” over Smith’s face, akin to masks used in industrial settings. The warden will then read the death warrant, and the nitrogen hypoxia system will be activated from another room, administering the gas for at least 15 minutes or “five minutes following a flatline indication on the EKG, whichever is longer,” according to the state protocol.

The 11th US Circuit Court of Appeals recently heard arguments about the humaneness and potential risks of the proposed execution method. The judges posed questions about the method’s efficacy and safety, including concerns about potential choking on vomit. A ruling on the matter is pending.

If the execution proceeds, it will mark a significant milestone in the evolving landscape of capital punishment in the United States, highlighting the ongoing search for alternative methods amid challenges in sourcing lethal injection drugs. Kenneth Smith was convicted in 1988 for his involvement in the murder of Elizabeth Sennett, part of a plot orchestrated by Reverend Charles Sennett, who sought insurance money to alleviate his deep debt.