Montgomery, Ala. — Alabama is poised to make history by becoming the first state to execute a prisoner using pure nitrogen as the method.
The Alabama attorney general’s office has formally requested the state Supreme Court to schedule an execution date for death row inmate Kenneth Smith. Alabama intends to carry out the execution through nitrogen hypoxia, a method that is legally sanctioned in three states but has never been utilized before.
Nitrogen hypoxia induces unconsciousness and death by depriving inmates of oxygen and replacing it with pure nitrogen. Inhaling nitrogen, which constitutes 78% of the air we breathe, is harmless when combined with oxygen.
The untested nature of this execution method has drawn criticism, with some likening it to human experimentation.
Alabama legalized nitrogen hypoxia in 2018, though the state has yet to attempt its implementation for a death sentence. Oklahoma and Mississippi have also authorized the use of nitrogen hypoxia.
Over the past few years, Alabama has been developing the execution method while providing limited details about the proposal. The attorney general’s court filing did not disclose the specific execution process. Corrections Commissioner John Hamm mentioned last month that a protocol was nearly finalized.
Smith’s previous execution by lethal injection was called off last year due to issues with the intravenous lines. Smith was convicted for his involvement in the 1988 murder-for-hire of a preacher’s wife.
Alabama Department of Corrections
In the case of Smith and other Alabama inmates facing lethal injection, they argue that they should be allowed to choose nitrogen hypoxia as their method of execution. The revelation that the state is prepared to administer nitrogen hypoxia is likely to trigger new legal battles regarding its constitutionality.
“It is a travesty that Kenneth Smith has managed to evade his death sentence for nearly 35 years after being convicted of the atrocious murder-for-hire of an innocent woman,” said Alabama Attorney General Steve Marshall in a statement.
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