


A federal judge in Alabama is urging for a change to the procedure of what would be the nation's first execution via nitrogen hypoxia next month.
Kenneth Eugene Smith is set to be executed for the 1988 murder-for-hire killing of Alabama native Elizabeth Sennett, and U.S. District Judge R. Austin Huffaker is calling for Smith to be allowed to give last words before a gas mask is secured to his face, according to a report.
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Huffaker offered the change in a court order and issued a Dec. 29 information deadline ahead of his ruling on Smith's request for a stay of execution.
Should the execution move forward, Smith is slated to be the first inmate in Alabama to be put to death via nitrogen gas on Jan. 25, the report noted.
Nitrogen naturally makes up roughly 78% of the air that people inhale, but pure nitrogen inhaled at the right level will deprive the body of oxygen and kill a person in what experts believe to be a painless procedure.
Attorneys representing Smith have spoken out against the execution method, citing constitutional and religious concerns.
They allege that the mask required to be placed over Smith's face will interfere with his ability to pray and issue a final statement.
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"As stated during the hearing, the Court encourages the Defendants to consider altering the protocol to accommodate Plaintiff Smith’s stated desire to pray audibly and give his final statement without being masked and with witnesses present prior to his planned execution," Huffaker said.
Huffaker did note that his suggestion is not an indication about how he will ultimately rule on Smith's request for an injunction.