At 8:25 p.m. Thursday, Alabama became the first state in the United States to use nitrogen hypoxia to execute an individual. The event marks a major milestone for a state run by a Republican supermajority that prides itself on pro-life and Christian values.
Kenneth Eugene Smith was executed by nitrogen hypoxia in Alabama for his role in the 1988 murder-for-hire plot of Elizabeth Sennett.
Although Smith was not sentenced to death by a jury of his peers, he was still executed in Alabama. The jury sentenced Smith to life in prison by an 11-1 vote, but the judge overturned the jury's decision and sentenced Smith to death. In 2017, Alabama abolished the practice of judicial nullity, but Smith was still executed for a practice now considered unnecessary.
Alabama previously attempted and failed to execute Smith by lethal injection in November 2022. But it was successful Thursday after the state implemented the use of nitrogen hypoxia, which it claims is humane.
Associated Press journalist Kim Chandler detailed what she witnessed as the execution unfolded.
“The execution took approximately 22 minutes from the time the curtains opened to the time the person entered the viewing room,” Chandler wrote. “Mr. Smith appeared to remain conscious for several minutes. For at least two minutes, he appeared to be shaking and struggling on the gurney, sometimes pulling at his restraints, until his breathing became imperceptible. He continued to breathe heavily for several minutes.”
Chandler also noted that Smith made a final statement, saying, “Tonight, Alabama is taking humanity one step back. … I leave with love, peace, and light.”
While Smith and other critics may have seen this as a step backwards, for others, such as Alabama Attorney General Steve Marshall, it was a historic feat.
“Alabama accomplished something historic,” Marshall said in a statement. “Like most states, Alabama has determined that some crimes are horrifying enough to merit extreme punishment. But anti-death penalty activists have argued against those who assist the state in the death penalty process. They have worked to override that moral judgment through pressure campaigns. They don't care that Alabama's new method is humane and effective, because they know it's easy to implement. Because we know that despite international efforts by activists to undermine and marginalize our state's justice system and deny justice to victims of heinous murders, our proven record of The methodology provides a blueprint for other states and a warning to those considering shedding innocent blood. It's an important night for the rule of law.”
But in a video shared by the anti-death penalty group Woods Foundation on said.
“When we turned on the nitrogen gas, he started convulsing,” Hood said. “He appeared on the stretcher over and over again. He shook the whole stretcher. I heard gasps from behind me in the witness area. I could see the correctional officer there. I think they were very surprised that it didn't go smoothly. An incredible evil was unleashed in Alabama tonight. It was torture.”
Marshall is scheduled to hold a press conference for the media at 10 a.m. Friday to address Smith's execution.
Governor Kay Ivey also issued the following statement in response to Smith's execution: “On March 18, 1988, 45-year-old Elizabeth Sennett's life was brutally taken by Kenneth Eugene Smith. After more than 30 years of repeated attempts to game the system, Mr. gave an answer for his horrific crimes. The execution was legally carried out by nitrogen hypoxia, a method Mr. Smith had previously requested as an alternative to lethal injection. In the end, Mr. Smith got what he wanted and the case could finally be closed, allowing Elizabeth Sennett's family some closure after years of dealing with their great loss. I'm praying.”
At a news conference Thursday night, Kenneth's wife Deanna Smith shared her thoughts, saying this country doesn't believe in the Constitution.
“While everyone was looking forward to Christmas, our family was waiting for the court to decide my husband's fate and whether he would suffer or stand up and do the right thing,” Deanna said. said. , according to the Alabama Reflector. “We say we are a country that believes in the Constitution, but I'm sorry, but I don't believe that.”
The U.S. Supreme Court on Thursday night denied Smith's request for a stay of execution, allowing the state to carry out the execution. None of the justices who voted in favor of denying the stay issued an opinion.
Justice Sonia Sotomayor harshly criticized Smith's execution in a dissenting opinion.
“After failing to kill Smith on the first attempt, Alabama chose him as a 'guinea pig' to test an execution method that had never been attempted before,” Sotomayor said. “The world is watching.”
Sennett's son, Mike Sennett, said nothing happened to bring his mother back to life and Smith's execution was bittersweet for the family.
“Nothing happened here today that would bring mom back,” Mike said. “It's kind of a bittersweet day. We're not going to jump up and down or shout 'Hurrah!' or anything like that. That's not us. I'm glad this day is over. ”
