A federal judge ruled Alabama will be allowed to execute an inmate using nitrogen gas in the coming weeks, in what will be the nation’s first execution using the method—which has drawn criticism from the United Nations.
United Nation experts previously urged the U.S. to halt the execution.
U.S. District Judge R. Austin Huffaker rejected Kenneth Eugene Smith’s request for an injunction to stop his execution by nitrogen hypoxia, which deprives a person of oxygen by having them breathe pure nitrogen gas.
Smith, 58, who was convicted and sentenced to death for his participation in the 1988 murder for hire killing of Elizabeth Sennett, is scheduled to be executed on Jan. 25 using the new method.
Smith survived a “botched” execution attempt via lethal injection in November 2022 and the state announced a second attempt months later—leading his lawyers to argue a second execution attempt is unconstitutional by any means while objecting to the new method.
Huffaker began weighing the request to stop the execution earlier this month, and AP reported an appeal is likely.
U.N. experts said the execution method is “untested” and could subject Smith to a “painful and humiliating death.”
Nitrogen hypoxia deprives a person of oxygen by having them breathe pure nitrogen gas. In theory, it is intended to be painless but a number of issues may arise, depending on concentrations of nitrogen and other factors. Alabama became the third state to authorize the method in 2018, following Oklahoma and Mississippi—but neither has attempted to use it.
U.S. Should Halt First Planned Execution By Nitrogen Gas, UN Experts Say (Forbes)
Alabama plans to execute a man using nitrogen gas. How will it work? Few know. (NBC News)
Alabama's upcoming gas execution could harm witnesses and violate religious liberty (NPR)