Kenneth Smith’s nitrogen execution was ‘textbook’ and will be used again, Alabama AG says: updates

Attorney General Steve Marshall said that after Thursday night, ‘nitrogen hypoxia as a means of execution is no longer an untested method. It is a proven one’

United Nations Says Alabama Execution With Nitrogen Could Be Torture

Alabama death row inmate Kenneth Eugene Smith has been executed by nitrogen gas – making him the first person in US history to be put to death through the controversial method.

Smith, 58, was pronounced dead at 8.25pm CT on Thursday at the William C Holman Correctional Facility in Atmore, Alabama, almost three decades after he was convicted in the 1988 murder-for-hire plot of Elizabeth Sennett.

His religious adviser Reverend Jeff Hood, who witnessed the execution, told reporters what he saw was a man “struggling for their life” for a staggering 22 minutes.

The White House condemned the execution on Friday. “It is very troubling to us as an administration. It is very troubling to us here at the White House,” press secretary Karine Jean-Pierre said.

Alabama authorities insist the execution went to plan, despite predicting the untested method would lead to unconsciousness within seconds and death in minutes.

But, witnesses said Smith appeared conscious for several minutes, shaking and writhing on the gurney.

“We didn’t see somebody go unconscious in 30 seconds,” said Rev Hood. “What we saw was minutes of someone struggling for their life.”

Smith’s death came after the US Supreme Court denied a final, 11th-hour bid to stay of execution. The ruling received dissent from Justice Sonia Sotomayor who wrote that the state had selected Smith as a “guinea pig” by using the untested method.

Speaking at a news conference on Friday, Alabama Attorney General Steve Marshall said that 43 more death row inmates have elected to die by nitrogen hypoxia. People incarcerated on death row are able to chose their preferred method from electrocution, lethal injection or nitrogen hypoxia.

“What occurred last night was textbook,” AG Marshall said. “As of last night, nitrogen hypoxia as a means of execution is no longer an untested method. It is a proven one.”

Key Points

• Kenneth Smith put to death using nitrogen gas in first-of-its-kind US execution
• Pastor reveals Smith ‘struggled for life’ for 22 minutes in nitrogen gas execution
• Kenneth Smith’s last statement before nitrogen execution
• Alabama AG says 43 other death row inmates have elected to use nitrogen hypoxia

[28 January 2024 11:00 · Andrea Cavallier]

Witness describes Kenneth Smith's historic nitrogen gas execution

[28 January 2024 12:00 · Andrea Cavallier]

Religious adviser reveals Smith ‘struggled for life’ for 22 minutes during execution

Kenneth Smith’s religious adviser Reverend Jeff Hood, who witnessed the execution, told reporters afterwards that what he saw was a man “struggling for their life” for a staggering 22 minutes.

Alabama authorities had predicted the untested method would lead to unconsciousness within seconds and death in only a matter of minutes.

Following the execution, the state continued to insist the execution went to plan.

But, witnesses said Smith appeared conscious for several minutes, shaking and writhing on the gurney.

“We didn’t see somebody go unconscious in 30 seconds,” said Rev Hood.

“Heaving back and forth, we saw spit, we saw all sorts of stuff develop from the mask. The mask was tied to the gurney, ripping his head back and forth over and over again.”

[28 January 2024 13:00 · Andrea Cavallier]

Which states allow nitrogen gas executions?

Three states have approved the use of nitrogen gas for executions of death row inmates.

Those states are Alabama, Oklahoma and Mississippi.

However, neither Oklahoma or Mississippi have ever used the execution method.

Alabama, which adopted the method in 2018, became the first to use it when Kenneth Eugene Smith was put to death on Thursday 25 January.

[28 January 2024 14:00 · Andrea Cavallier]

Alabama governor prays execution gives victim’s family closure

Alabama Governor Kay Ivey said the case could “finally be put to rest” following Kenneth Smith’s execution.

“On March 18, 1988, 45-year-old Elizabeth Sennett’s life was brutally taken from her by Kenneth Eugene Smith,” Governor Ivey said.

“After more than 30 years and attempt after attempt to game the system, Mr. Smith has answered for his horrendous crimes.

“The execution was lawfully carried out by nitrogen hypoxia, the method previously requested by Mr Smith as an alternative to lethal injection. At long last, Mr. Smith got what he asked for, and this case can finally be put to rest.

“I pray that Elizabeth Sennett’s family can receive closure after all these years dealing with that great loss.”