MONTGOMERY, Ala. — Alabama is preparing to use a new method of execution: nitrogen gas.
Kenneth Eugene Smith, who survived the state's previous attempt to put him to death by lethal injection in 2022, is scheduled to be executed by nitrogen hypoxia on Thursday. If carried out, it would be the first new method of execution since lethal injection was introduced in 1982.
Although the state claims the nitrogen gas causes instant unconsciousness, critics liken this never-used execution method to human experimentation.
What is nitrogen hypoxia?
Nitrogen hypoxic executions can result in death by forcing prisoners to inhale pure nitrogen, depriving them of the oxygen they need to maintain bodily functions.
Have you ever used it?
No state has used nitrogen hypoxia to carry out death sentences. In 2018, Alabama third state – with oklahoma and Mississippi — authorizes the use of nitrogen gas to execute prisoners.
As drugs used in lethal injection, the most common method of execution in the United States, become increasingly difficult to obtain, some states are exploring new ways to execute inmates.
How does it work?
Nitrogen is a colorless, odorless gas that makes up 78% of the air we breathe and is harmless when inhaled with appropriate levels of oxygen.
The theory behind nitrogen hypoxia is that by changing the composition of the air to 100% nitrogen, Smith would lose consciousness and die from lack of oxygen.
Many of the deaths recorded in medical journals due to nitrogen exposure are due to industrial accidents or suicide attempts in which workers die due to nitrogen leaks or mix-ups.
What is the country going to do?
After Smith was strapped to a stretcher in the execution chamber, the state said in a court filing that it would install a “NIOSH-approved Type-C full facepiece supplied air respirator.” This is a type of mask usually used in industrial settings to save lives. -Saving Oxygen – on Smith's face.
The warden then reads the death warrant and asks Smith if he has any last words before activating the “nitrogen hypoxia system” from another room. Nitrogen gas is administered for at least 15 minutes or “5 minutes after the electrocardiogram shows a flat line,” whichever is longer. according to state protocol.
The state significantly redacted sections of the protocol related to gas system storage and testing.
The Alabama Attorney General's Office told a federal judge that nitrogen gas “causes unconsciousness within seconds and death within minutes.”
What are the criticisms?
Smith's lawyers said the state was trying to use him as a “guinea pig” for a new method of execution.
They argue that the masks the country plans to use are not airtight and allow oxygen to penetrate, potentially exposing them to prolonged executions and, in some cases, leaving them in a vegetative state without killing them. are doing. A doctor testified on Smith's behalf that the low-oxygen environment caused nausea and that Smith could suffocate to his own vomit.
Experts appointed by the UN Human Rights Council earlier this month warned that the method of execution violated the prohibition against torture and other cruel, inhuman and degrading punishment.
The American Veterinary Medical Association wrote in 2020: Euthanasia guidelines Nitrogen hypoxia can be an acceptable method of euthanasia under certain conditions for pigs, but not for other mammals. That's because nitrogen hypoxia creates a “disastrous oxygen-deficient environment for some species.”
Is this the same as a gas chamber?
Not exactly. Hydrogen cyanide gas, a deadly gas, has previously been used in executions in some states. The last prisoner to be executed in a gas chamber in the United States was Walter Ragland, the second of two German brothers sentenced to death for the murder of a bank manager in southern Arizona in 1982. In 1999, it took Raglan 18 minutes to die.
Who are the prisoners?
Smith was one of two men convicted of murdering a preacher's wife in 1988. Prosecutors said Smith and another man each paid $1,000 to kill Elizabeth Sennett on behalf of her husband, who was deeply in debt and trying to collect insurance money.
Alabama attempted to execute Smith by lethal injection in 2022.He was strapped to a stretcher in the execution chamber and prepared for lethal injection, but the state will be canceled It was carried out when members of the execution team had difficulty connecting the second of two required intravenous lines to Smith's vein. Lawyers said Smith was strapped to his stretcher for nearly four hours as they waited to see if the execution would proceed.
Are there any legal issues?
The question of whether the execution can proceed will ultimately reach the U.S. Supreme Court.
The 11th Circuit Court of Appeals heard arguments Friday in Smith's court. Requests that block execution. After the court's decision, either side can appeal.
Smith argued that the state's proposed process violates the prohibition on cruel and unusual punishment. He also argued that Alabama violated his due process rights by scheduling his execution while his appeal was pending, and that the mask interfered with his ability to pray.
In a separate lawsuit, Smith alleges that the state violates the Constitution's prohibition on cruel and unusual punishment. second attempt to execute him He had already survived one execution. Lawyers for Mr. Smith asked the U.S. Supreme Court on Friday to halt the execution to consider the issue.
What is potentially at risk?
Lethal injection is the most commonly used execution method in the United States, but death penalty countries sometimes struggle to obtain the necessary drugs and drugs. Another problem occurred when connecting the intravenous line.
If Alabama's executions go ahead, other states may also consider using nitrogen gas.
If the execution is blocked or failed by the courts, the pursuit of nitrogen gas as an alternative method of execution could be halted or delayed.
