ATMORE (Alabama, US), Jan 26 (NNN-XINHUA) — The southern US state of Alabama on Thursday night completed the country’s first execution using nitrogen gas asphyxiation, according to a news release from Alabama Governor Kay Ivey.
Inmate Kenneth Smith, a 58-year-old convicted of a 1988 murder and sentenced to death, died at 8:25 p.m. local time at an Alabama prison after breathing pure nitrogen gas through a face mask to cause oxygen deprivation, authorities said.
Earlier on Thursday, the US Supreme Court denied a last-minute appeal by Smith’s lawyers to halt the execution, who argued such a method would violate constitutional protections against cruelty.
Three liberal Justices, Elena Kagan, Ketanji Brown Jackson and Sonia Sotomayor, issued a written dissent saying they would have paused the execution. The majority justices did not issue any statements.
Smith also brought separate claims before a federal court of appeals trying to put the execution on hold, which were declined in a 2-1 decision issued later on Wednesday.
It was the first nitrogen hypoxia execution nationwide. Alabama botched its previous attempt to execute him by lethal injection in November 2022.
“If Alabama proceeds with its planned execution attempt, it will be only the second time in U.S. history that a state follows through with a second execution attempt after a previous, failed attempt,” Smith’s lawyers wrote in court filings.
Smith’s lawyers argued that if the mask were a poor fit, it could allow oxygen in and prolong Smith’s suffering, or if he becomes nauseous, he could be “left to choke on his own vomit,” according to U.S. media.
The untested method of capital punishment is controversial. Supporters said the method would be humane, but critics called it cruel and experimental.
Oklahoma and Mississippi are the only other states to approve nitrogen for executions. — NNN-XINHUA
