Alabama Prepares for Controversial Execution Using Nitrogen Hypoxia
The state of Alabama is set to execute Kenneth Eugene Smith, 58, on January 25, using the untested method of nitrogen hypoxia. Smith was convicted for the 1988 murder-for-hire of Elizabeth Bennett, orchestrated by her husband, who sought to collect on her life insurance policy. Despite being sentenced to life imprisonment by a jury, the presiding judge imposed the death penalty.
This execution attempt follows a botched procedure in November 2022, where prison staff struggled for four hours to find suitable veins for lethal injection, ultimately returning Smith to his cell. This incident has raised significant concerns about the state’s execution methods.
No state has previously used nitrogen hypoxia for executions. Authorized in 2018, it involves fitting a mask on the inmate and depriving them of oxygen, theoretically leading to unconsciousness within seconds and death shortly thereafter. The Alabama attorney general’s office has assured a federal judge of its efficacy, but experts highlight potential risks.
Critics of nitrogen hypoxia, including Smith’s supporters, argue that oxygen leaks could prolong suffering or result in choking, raising ethical concerns about its application on humans. The American Veterinary Medical Association suggests nitrogen hypoxia may be acceptable for euthanizing pigs, but warns against its use for other mammals due to possible distress.
As the execution date approaches, the U.S. Supreme Court is anticipated to address outstanding appeals, potentially clearing the way for the unprecedented use of nitrogen to carry out a death sentence in Alabama.
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