A federal judge in the US has granted approval for the first-ever execution by nitrogen gas, scheduled later this month in Alabama. Kenneth Eugene Smith, convicted of a 1988 murder-for-hire plot, is set to undergo this unprecedented method. His defense argues against using Smith as a “test subject,” emphasizing concerns over the constitutional ban on cruel and unusual punishment.
Smith’s co-conspirator, John Forrest Parker, was executed in 2010, while Smith’s 2022 execution was aborted due to technical issues with administering a lethal injection. The new nitrogen gas protocol faces scrutiny, with Smith’s defense highlighting uncertainties and potential constitutional violations. Alabama officials argue that nitrogen gas induces unconsciousness within seconds and death within minutes, citing industrial accidents as examples.
The defense points to the lack of scientific evidence supporting nitrogen hypoxia and references the American Veterinary Medical Association’s caution against its use. Alabama plans to employ a respirator-type mask to introduce pure nitrogen, a gas constituting 78% of breathable air, for the execution.
Two other states, Mississippi and Oklahoma, have authorized nitrogen hypoxia, but it has not been implemented. UN experts expressed concern about the potential for a painful and humiliating death, urging federal and state authorities to review the execution protocol before proceeding with Smith’s scheduled execution on January 25.