Alabama death row inmate Kenneth Eugene Smith, convicted in 1988 for the contract killing of Elizabeth Dorlene Sennett, is contesting the state’s plan to execute him via nitrogen hypoxia.
An unprecedented approach to executing a prisoner, one that has not been utilized in the past.
Alabama Controversial Death Penalty Appeal
Smith, sentenced to death in 2022 for the brutal murder of Sennett, appealed his initial execution, arguing that nitrogen hypoxia would be a less painful alternative to lethal injection based on previous botched executions.
During his scheduled execution on November 17, 2022, executioners struggled for four hours to insert the IV, leading to a halt in the procedure. Alabama has acknowledged issues with IV insertion in several executions since 2018.
Deborah Denno, a death penalty expert at Fordham Law School, criticized lethal injections, citing a high rate of botched executions and inadequate sedation, stating that a third of lethal injections in the previous year were considered botched.
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An Unprecedented Execution Method
Alabama approved nitrogen hypoxia as an execution method in 2018, following the footsteps of Oklahoma and Mississippi. However, this method has not been tested in a clinical setting and is considered experimental.
Smith’s attorneys argue that executing him using this untested method would reduce him to a test subject and violate his Eighth Amendment rights, considering the failed previous execution attempt.
Moreover, concerns about the lack of clarity in the execution protocol, such as the presence of spiritual advisers, observer safety, and details about the gas delivery system, have raised questions about the humane and ethical application of this uncharted method.
This legal battle reflects the ongoing debate surrounding the ethics and efficacy of execution methods in the United States, highlighting the need for transparent protocols and thorough consideration of the inmate’s rights and well-being.
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