The impending execution of Alabama inmate Kenneth Eugene Smith, slated to be the first person in the United States executed by nitrogen gas, faces challenges as his attorney seeks a stay of execution.
The untested method, criticized as inhumane by death penalty experts and previously labeled “torture” by the United Nations, adds a layer of complexity to the ongoing debate surrounding capital punishment.
Nitrogen Gas Execution Method
Smith, 58, is scheduled to undergo the nitrogen hypoxia execution next Thursday, where he will be fitted with a respirator-type mask to replace his breathing air with pure nitrogen, depriving him of the oxygen required to sustain life.
The method has been authorized in three states—Alabama, Oklahoma, and Mississippi—yet none have attempted its implementation until now.
The 11th US Circuit Court of Appeals is currently reviewing the case, raising questions about the potential risks associated with the nitrogen gas execution, including concerns of choking on vomit. The judges did not indicate when they would rule on the request for a stay of execution.
Smith’s attorney, Robert Grass, argued before the court that the state’s plan to administer nitrogen gas through a face mask is flawed and poses the risk of subjecting his client to a prolonged and constitutionally questionable execution.
Highlighting the lack of data on the experimental method, Grass emphasized the unprecedented nature of the situation.
The nitrogen hypoxia method comes on the heels of a botched lethal injection attempt in November 2022, in which Smith survived repeated punctures with intravenous needles during a four-hour ordeal.
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Alabama Attorney General Backs Nitrogen Gas Execution for Painless Outcome
Following this incident, Smith opted for nitrogen hypoxia, filing a lawsuit to challenge the state’s execution methods.
The Alabama attorney general’s office is pushing for the execution to proceed, asserting that the state has adopted the most painless and humane method available.
Solicitor General Edmund LaCour argued that the nitrogen gas would render Smith unconscious almost instantaneously, minimizing the risk of pain.
Despite these assurances, concerns persist, both from Smith’s legal team and the United Nations.
The UN Human Rights office expressed “serious concerns” over the proposed execution, stating that suffocation by nitrogen gas could potentially constitute torture or cruel and degrading treatment under international human rights law.
Smith, who survived a prior execution attempt, has invoked the federal ban on cruel and unusual punishment in a separate case, arguing that a second attempt to execute him would violate this prohibition.
As the legal battle unfolds, Smith has petitioned the US Supreme Court to stay the execution, prompting a further examination of these complex and unprecedented issues surrounding capital punishment.
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