Alabama made history as it executed Kenneth Eugene Smith, a convicted murderer, using nitrogen gas—the first time this method of capital punishment has been employed in the United States. The 58-year-old lost multiple appeals, claiming the execution was cruel and unusual punishment for his 1989 conviction of murdering Elizabeth Sennett, a preacher’s wife, in a killing-for-hire plot.
Smith, according to the Death Penalty Information Center, is the inaugural individual worldwide to face execution by pure nitrogen gas. Alabama, along with two other U.S. states, adopted nitrogen hypoxia as an alternative method due to challenges in obtaining lethal injection drugs, contributing to a decline in nationwide death penalty use.
The execution took place at Holman Correctional Facility in Atmore, witnessed by five members of the media. Smith’s parting words included gratitude and expressions of love, but as the gas filled his mask, he reportedly smiled, nodded to his family, and signed “I love you.” Witnesses observed two to four minutes of writhing and about five minutes of heavy breathing before he was declared dead at 20:25 local time.
Breathing nitrogen without oxygen induces cell breakdown, leading to death. Governor Kay Ivey, who did not attend the execution, confirmed Smith’s death, expressing relief after 30 years of legal maneuvers. Attorney General Steve Marshall labeled nitrogen hypoxia an “effective and humane method,” countering activists’ predictions.
Alabama corrections Commissioner John Hamm explained Smith’s shaking as expected side effects, emphasizing its conformity with researched outcomes. The state expected rapid loss of consciousness and death within minutes, aligning with their earlier court filing.
Smith, convicted in a $1,000 killing-for-hire alongside accomplice John Forrest Parker, admitted being present during the murder but denied active participation. The victim, Elizabeth Sennett, was fatally beaten and stabbed in 1988, with her husband orchestrating the scheme for insurance money.
Sennett’s son, Charles Sennett Jr, showed little sympathy for Smith, emphasizing the brutality of the attack. Smith’s legal team, while acknowledging the tragic consequences, regretted the jury’s decision override, pointing out the voted preference to spare Smith’s life.
Details from Smith’s final 48 hours revealed family visits, meals, and a Supreme Court denial of a last-minute reprieve. The attempt to execute him by lethal injection two years prior had failed due to difficulties raising a vein. The latest Supreme Court ruling, with three liberal justices dissenting, marked the end of legal avenues for Smith.
The nitrogen execution faced opposition from medical professionals, warning of potential catastrophic mishaps. Justice Sonia Sotomayor criticized Alabama’s choice, stating it turned Smith into a “guinea pig” for an untested method. The UN’s High Commissioner for Human Rights had called for a halt to the execution, citing concerns about potential torture or cruel treatment under international human rights law. Despite these objections, Alabama proceeded with the historic use of nitrogen gas for capital punishment.