Inmate Appeals to Block U.S.'s First Nitrogen Gas Execution
Kenneth Smith, a 58-year-old inmate in Alabama, is making a last-ditch appeal to the 11th U.S. Circuit Court of Appeals to prevent what would be the nation's first execution by nitrogen gas. Scheduled for execution on Thursday, Smith's legal team is challenging the method, arguing that it is untested and could lead to a prolonged and painful death.
The method involves replacing Smith's breathing air with pure nitrogen using a respirator-type mask, effectively depriving him of the oxygen needed to live. Alabama, along with Oklahoma and Mississippi, has authorized nitrogen hypoxia as an execution method, but it has never been attempted before.
During the court hearing, Smith's attorney, Robert Grass, raised concerns about the execution plan, particularly the use of a face mask to deliver nitrogen gas. Grass argued that there is a risk of oxygen leakage, potentially leading to a prolonged execution or leaving Smith in a vegetative state. Another fear is that Smith could choke on his own vomit if he vomits during the procedure.
Alabama Solicitor General Edmund LaCour, representing the state, defended the method, describing it as the "most painless and humane method of execution known to man." The state argued against the likelihood of the scenarios presented by Smith's attorney.
The court is also considering Smith's past suggestions of nitrogen as an alternative execution method during previous challenges to lethal injection. Smith's lawyers contend that their challenge is specific to the state's plan to use a mask for nitrogen delivery.
This appeal comes in the wake of Alabama's failed attempt to execute Smith by lethal injection in 2022 due to difficulties in establishing intravenous lines.
Smith, convicted of the 1988 murder-for-hire of a preacher's wife, has also filed a separate appeal to the U.S. Supreme Court. He argues that a second execution attempt would violate the federal ban on cruel and unusual punishment, considering he survived an earlier execution attempt.
The outcome of these appeals could set a significant precedent in the use of nitrogen gas for executions in the United States and raise questions about the humane administration of capital punishment.