Alabama carried out the first-ever execution by nitrogen gas on Thursday, killing 58-year-old Kenneth Smith. Smith had survived a failed lethal injection just over a year prior. Witnesses described Smith as shaking and writhing on the gurney for at least two minutes before his death. His spiritual adviser, Rev. Jeff Hood, called the execution “torture” and said it was the most horrible thing he had ever seen. Smith’s lawyers had asked the Supreme Court to block the execution, arguing that it would violate Eighth Amendment protections against cruel and unusual punishment. The court denied the request.
Smith’s lawyers argued that the second execution attempt, using an untested mechanism, before he had exhausted state court appeals, and while he was still experiencing symptoms of post-traumatic stress disorder from the first attempt, would violate his constitutional rights. The Supreme Court’s conservative majority did not provide a written explanation for the decision to deny the request. Smith’s lawyers also raised concerns about the use of nitrogen gas as a killing agent, citing limited information about its use and the potential for a prolonged, painful death.
Smith had participated in a 1988 murder-for-hire plot to kill a pastor’s wife. He was sentenced to death, despite a jury recommendation of life in prison without the possibility of parole. Smith’s execution date was initially set for November 2022, but it was botched when execution officials unsuccessfully tried to set IV lines, causing Smith severe pain and trauma. Alabama authorized the use of nitrogen gas for executions in 2018 due to drug shortages and legal challenges to the lethal injection procedure.
The execution of Kenneth Smith by nitrogen gas has raised concerns about the cruelty and inhumanity of the death penalty. Critics argue that the use of untested methods and the potential for prolonged suffering violate constitutional protections against cruel and unusual punishment. They also question the ethical implications of carrying out executions in general. The use of nitrogen gas as a killing agent has come under scrutiny, with experts warning that it likely violates international prohibitions on torture. Calls to abolish the death penalty continue to grow, with advocates arguing that it is an outdated and barbaric practice that has no place in a civilized society.
