(Image via cnn.com)
Volunteer Writer: Julia Besse
Email: jbesse1@umassd.edu
On January 25th, 2024, death row inmate Kenneth Smith became the first person in the world to be executed via nitrogen gas.
Smith, 58, was convicted in the 1988 murder-for-hire of a preacher’s wife, Elizabeth Sennett.
The nitrogen gas was administered for fifteen minutes, with Smith being officially pronounced dead at 8:25 PM. Smith appeared conscious for several minutes while the gas was administered through a mask.
Witnesses say Smith “thrashed violently on the gurney” while pulling on his restraints for at least two minutes until his breathing slowed and was no longer perceptible.
Rev. Jeff Hood, Smith’s spiritual advisor, witnessed the execution. Hood recalls the event as watching “minutes of someone struggling for their life.”
Smith’s final words were:
“Tonight, Alabama causes humanity to take a step backwards… I’m leaving with love, peace, and light.”
He then signed “I love you” with his hands toward his family and thanked them for all their love and support.
His death by nitrogen gas is the first time a new execution method has been used since the introduction of lethal injection in 1982.
Execution via nitrogen gas is highly controversial. Nitrogen hypoxia intends to deprive the body of oxygen and replace it with nitrogen, causing all bodily functions to cease, leading to death shortly after.
The state of Alabama expected Kenneth to fall unconscious within seconds of administration and for death to follow within minutes. However, it was seen that Smith was conscious for almost twenty-two minutes and suffered for most of the time.
Many doctors and researchers feel that there is not enough research surrounding death by nitrogen hypoxia and that it should not be approved for an execution method without further research. In contrast, some feel it should not be approved at all due to its inhumane nature.
In 2020, the American Veterinary Association wrote that nitrogen hypoxia may be useful for pigs under certain conditions but certainly not humans because it creates an “anoxic environment that is distressing for some species.”
This execution did not go down without a battle. Smith’s attorneys felt that the state was using him as a “guinea pig” for an experimental execution method that could violate the ban on cruel and unusual punishment.
On January 10th, a federal judge ruled that the state could proceed with the execution of Smith. Smith appealed to the Supreme Court for a stay of execution twice, once on January 24th and again on the 25th. The Supreme Court denied both appeals and ordered the execution to be carried out that evening.
Supreme Court Justice Sonya Sotomayor dissented this execution. Sotomayor wrote:
“Having failed to kill Smith on its first attempt, Alabama has selected him as its ‘guinea pig’ to test a method of execution never attempted before. The world is watching.”
Smith was set to be executed on November 17th, 2022, via lethal injection, but the execution team failed to place an IV into his arm successfully.
Sotomayor reflected on the version of the Supreme Court that valued the Eight Amendment’s protections:
“Not long ago, this Court remarked that the Eighth Amendment’s protection of dignity reflects the Nation we have been, the Nation we are, and the Nation we aspire to be. This case shows how that protection can be all too fragile.”
Alongside Sotomayor, Justices Elena Kagan and Kentanji Brown publicly issued their dissents regarding the execution of Kenneth Smith. The other justices provided no statements.