Alabama, after an unsuccessful attempt to execute Kenneth Smith through lethal injection at Holman Correctional Facility in Atmore, is now intending to use nitrogen hypoxia for the death row inmate, according to reports. The change in execution method comes after the failure to carry out the planned lethal injection at the facility. (Photo credit: Dave Martin/The Associated Press)
Alabama is set to carry out the nation's first execution using nitrogen gas on Thursday, strapping Kenneth Smith to a gurney and replacing breathable air with nitrogen through a gas mask. This experimental procedure aims to induce unconsciousness and ultimately cause death. Dr. Jeffrey Keller, president of the American College of Correctional Physicians, highlighted the unknown effects of nitrogen gas, comparing it to putting a plastic bag over one's head.
The state plans to use a NIOSH-approved respirator over Smith's face, administering nitrogen for at least 15 minutes or until a flatline indication on the EKG, whichever is longer. Concerns raised by experts include the potential for seizures, choking on vomit, and execution prolongation due to leaks.
International human rights experts, including the UN Human Rights Council, express alarm over the proposed method, suggesting it may violate the prohibition on torture. Dr. Joel Zivot, an anesthesiologist, warns of risks associated with leaks and potential injuries.
Smith's attorneys argue that the nitrogen hypoxia plan violates the ban on cruel and unusual punishment. Despite these concerns, Alabama claims there's insufficient evidence of substantial pain.
The historical context of execution methods in the U.S. is outlined, emphasizing a shift from lethal injection due to pharmaceutical challenges. Nitrogen gas is now considered as an alternative, driven by a persistent push for executions despite evolving methods.
In 2023, only five states conducted executions, with a total of 24 inmates executed, marking a significant decline from 1999. The death penalty remains a controversial topic, with 29 states either abolishing or pausing executions, and 11 having the death penalty without recent executions.
Notably, former President Donald Trump has expressed support for expanding the use of the death penalty. Smith, convicted in 1988 of a murder-for-hire plot, is fearful of the nitrogen hypoxia experiment. Protests are planned in Alabama if appeals do not delay the scheduled execution.
