43 more nitrogen hypoxia executions planned despite 'inhuman' method being condemned by critics

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By James Kay

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Following the execution of a criminal using nitrogen hypoxia, 43 more have been planned despite the new method being controversial.

Kenneth Eugene Smith, convicted in 1988 for the murder of Elizabeth Sennett, the wife of a preacher, faced execution at William C. Holman prison on Thursday, January 25, using the controversial method of nitrogen hypoxia.

Initially scheduled for a lethal injection in November 2022, Smith's execution was halted due to a failed attempt to find a vein, extending the process by nearly 14 months.

On January 25, the 58-year-old inmate found himself once again on the execution gurney, with nitrogen hypoxia being employed - a method only authorized in Alabama, Mississippi, and Oklahoma and never before used on a human being.

The procedure involves a mask being fitted to the inmate's face, through which pure nitrogen gas is administered, ultimately suffocating the person by cutting off the supply of oxygen.

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Kenneth Eugene Smith. Credit: Alabama Department of Corrections.

State officials argued that nitrogen hypoxia would induce rapid unconsciousness and subsequent death, but the prisoner's legal team and human rights advocates contended that the method violated the Eighth Amendment, protecting against "cruel and unusual punishments."

Despite legal challenges and appeals, the Supreme Court ultimately allowed Alabama to proceed with the execution, as reported by the BBC.

As reported by the Independent, despite Alabama authorities insisting that the execution went as planned, witnesses reported a different scenario.

Contrary to predictions that the previously untested method would lead to unconsciousness within seconds and death in minutes, Smith appeared conscious for several minutes, shaking and writhing on the gurney.

Reverend Jeff Hood, Smith's religious adviser and a witness to the execution, shared his observations with reporters, describing a man "struggling for their life" for an astonishing 22 minutes.

The White House expressed concern over the execution on Friday, with press secretary Karine Jean-Pierre stating, "It is very troubling to us as an administration. It is very troubling to us here at the White House."

Reverend Hood emphasized: "We didn’t see somebody go unconscious in 30 seconds. What we saw was minutes of someone struggling for their life."

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Smith spent more than three decades behind bars for the 1988 murder of Elizabeth Sennett. Credit: Gregory Smith / Getty

Alabama Attorney General Steve Marshall addressed the media at a news conference on Friday, stating that the state would use the controversial method again as 43 more death row inmates have chosen to die by nitrogen hypoxia. Inmates on death row have the option to select their preferred method from electrocution, lethal injection, or nitrogen hypoxia.

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

Mike Sennett, one of Elizabeth's sons, spoke to the media after the execution, stating that his mother "got her justice" after the murderer's "debt was paid" that night.

At the press conference, Mike added: "Nothing happened here today that’s going to bring Mom back. It's kind of a bittersweet day. We're not going to be jumping around, hooting and hollering 'hooray' and all that. That's not us. But we're glad this day is over."

Featured image credit: Paul Harris/Getty