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Alabama carries out first execution in U.S. using nitrogen gas

Alabama carries out first execution in U.S. using nitrogen gas

CBC
Friday, January 26, 2024 7:33 AM GMT

Warning: This story contains descriptions of a death by execution.

Alabama executed a convicted murderer with nitrogen gas Thursday, putting him to death with a first-of-its-kind method that once again put the U.S. at the forefront of the debate over capital punishment.

The state said the method would be humane, but critics called it cruel and experimental. Officials said Kenneth Eugene Smith, 58, was pronounced dead at 8:25 p.m. at a prison in Atmore, Ala., after breathing pure nitrogen gas through a face mask to cause oxygen deprivation.

It marked the first time that a new execution method has been used in the United States since lethal injection, now the most commonly used method, was introduced in 1982.

The execution came after a last-minute legal battle in which Smith's attorneys contended the state was making him the test subject for an experimental execution method that could violate the constitutional ban on cruel and unusual punishment.

Federal courts rejected Smith's bid to block it, with the latest ruling coming Thursday night from the U.S. Supreme Court.

The state had previously attempted to execute Smith, who was convicted of a 1988 murder-for-hire, in 2022, but the lethal injection was called off at the last minute because authorities couldn't connect an IV line.

Smith was one of two men convicted in the slaying of Elizabeth Sennett. Prosecutors said he and the other man were each paid $1,000 US to kill Sennett on behalf of her pastor husband, who was deeply in debt and wanted to collect on insurance

In a final statement, Smith said: "Tonight Alabama causes humanity to take a step backwards. ... I'm leaving with love, peace and light." He made the "I love you sign" with his hands toward family members who were witnesses.

"Thank you for supporting me. Love, love all of you," Smith said.

Alabama Gov. Kay Ivey said afterward that the execution was justice for the killing of the 45-year-old Sennett 

"After more than 30 years and attempt after attempt to game the system, Mr. Smith has answered for his horrendous crimes. ... I pray that Elizabeth Sennett's family can receive closure after all these years dealing with that great loss," Ivey said in a statement.

In his final hours, Smith met with family members and his spiritual adviser, according to a prison spokesperson. He ate a last meal of T-bone steak, hash browns, toast and eggs slathered in A1 steak sauce, the Rev. Jeff Hood, his spiritual adviser, said by telephone before the execution was carried out.

"He's terrified at the torture that could come. But he's also at peace. One of the things he told me is he is finally getting out," Hood said.

Read full story on CBC
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