Alabama is poised to carry out a contentious and untried form of execution tonight as convicted murderer Kenneth Eugene Smith faces death by nitrogen gas. However, Smith has filed a last-minute appeal in a bid to halt the execution, adding another layer of uncertainty to the proceedings. Both the Supreme Court and the 11th Circuit have recently rejected attempts to block or delay the execution, intensifying public interest in the case.
This particular method of execution, known as nitrogen hypoxia, has never been used in any U.S. state before, making it untested and inherently controversial. Critics argue that employing nitrogen gas poses a considerable risk of prolonged and unconstitutional suffering, effectively turning the execution into a human experiment. Senator Cory Booker voiced his concerns about the case, calling the process untested and highlighting the potential for an agonizing death.
However, Alabama officials disagree with these assessments. They assert that fitting a mask over Smith's nose and mouth and allowing the flow of pure nitrogen will render him unconscious within seconds. They argue that this method represents a significant advancement in humane execution techniques. Alabama officials assert that such treatment is far more merciful than the brutal crime Smith committed nearly 36 years ago, when he participated in the murder for hire beating and stabbing death of Elizabeth Senate. Prosecutors revealed that Smith carried out the act for a mere $1,000 and even requested death by nitrogen gas himself.
This isn't the first time Alabama has attempted to execute Smith. In 2022, an attempt at lethal injection was called off when a suitable vein couldn't be found. Consequently, the state is now trying nitrogen gas as an alternative method.
While Smith's execution remains a state matter, it has reignited discussions about President Biden's campaign promise to end the federal death penalty and encourage states to halt executions. Despite Biden's vow, the law supporting the federal death penalty is still in effect. This month, federal prosecutors even announced their intent to seek capital punishment for the Buffalo supermarket shooter, further complicating the issue.
Notably, the use of nitrogen gas as an execution method has already been approved in other states, including Mississippi and Oklahoma.
As Smith's appeal unfolds, the public eagerly awaits further updates on his fate. The outcome of this case could have significant ramifications both for the debate surrounding execution methods and the broader conversation about the future of capital punishment in the United States.
