Darren Lyn
26 January 2024•Update: 26 January 2024
HOUSTON, US
The first-ever execution in the US using nitrogen gas took place in the state of Alabama on Thursday night, amid controversy over whether or not the procedure constitutes inhumane punishment.
Kenneth Smith, 58, was given the death penalty using nitrogen hypoxia, in which nitrogen was administered through a mask until he died from a lack of oxygen. Smith was pronounced dead at 8:25 pm local time (Friday 0200GMT).
"At long last, Mr. Smith got what he asked for, and this case can finally be put to rest," said Gov. Kay Ivey in a statement. "The execution was lawfully carried out by nitrogen hypoxia, the method previously requested by Mr. Smith as an alternative to lethal injection."
Ivey made the ultimate decision to not grant Smith clemency after the US Supreme Court declined to intervene 24 hours previously. Smith's attorneys filed an appeal saying that the nitrogen gas method amounted to cruel and unusual punishment, but the high court disagreed.
"Tonight Alabama caused humanity to take a step backward," said Smith, according to a pool meida report before he was administered the nitrogen gas. "I'm leaving with love, peace and light. Thank you for supporting me. Love all of you."
Smith's execution came 14 months after a botched lethal injection in November 2022 in which officials were not able to set an intravenous line before the execution warrant expired.
The administration of the death penalty has attracted more controversy in recent years. With questions of racism and wrongful prosecution still very much alive, more and more companies are unwilling to supply materials to carry out executions, leaving states to use untested methods, or to buy lethal materials through unidentified and possibly untrustworthy sellers.
Smith became the second person in US history to face a second execution after a failed first attempt. The last time that happened was in 1946 in the state of Louisiana after an electric chair malfunction.
Smith had been on death row for more than three decades after the 1988 murder-for-hire plot of Elizabeth Sennett, 45, who was stabbed and beaten to death. Sennett's husband, Charles, hired Smith and two others for $1,000 each to kill his wife and make it look like a burglary, according to court records.
Charles Sennett killed himself a week after the murder after authorities pegged him in their investigation and Smith was then arrested for his part in the murder plot.
"It's kind of a bittersweet day," said Mike Sennett, the son of Elizabeth Sennett, during a news conference after Smith's execution. "We're not going to be jumping around. But we're glad this day is over."
"Kenneth Smith made some bad decisions 35 years ago, and his debt was paid tonight," he added. "I guess I'll end by saying that Elizabeth Dorlene Sennett got her justice tonight."
