Alabama's Attorney General Steve Marshall remains committed to the continued use of nitrogen gas for inmate executions, despite disturbing accounts from witnesses of Kenneth Eugene Smith's recent execution.
Steve Marshall also expressed willingness to help other states acquire the newly-developed technique, dismissing allegations that the perpetrator experienced intense suffering as he was gradually asphyxiated over a 22-minute period on Thursday evening.
Alabama Attorney General Says Nitrogen Gas Execution to be Used Again
WASHINGTON, DC - OCTOBER 04: Attorney General of Alabama Steve Marshall speaks to members of the press after the oral argument of the Merrill v. Milligan case at the U.S. Supreme Court on October 4, 2022 in Washington, DC. The Supreme Court heard oral argument of the case that challenge whether the new congressional map of Alabama violates the Voting Rights Act.
Amidst the ongoing controversy, US prisons have found a new method for carrying out executions in the form of nitrogen hypoxia. This alternative has become increasingly popular, particularly in states that have been facing a shortage of lethal injection drugs for several years.
Marshall mentioned this in his remarks on Friday, expressing his approval of the use of nitrogen gas executions as a reliable and proven method. Authorities maintained for months prior to the execution that it would be a humane and painless process for Smith.
This assurance came after a previous execution attempt in 2022 was halted due to difficulties in inserting an IV line, causing hours of discomfort for Smith. After a failed execution in 2022, Smith took a risky move by requesting his next execution to be done using nitrogen hypoxia, hoping that officials would not go through with the untested method.
According to Marshall, out of the 165 inmates on Alabama's death row, 43 prisoners have chosen nitrogen hypoxia as their preferred method of execution instead of lethal injection. The sate's filings indicate that experts have reached a consensus that nitrogen hypoxia is a painless method as it induces unconsciousness within seconds.
According to Marshall, the events on Thursday night did not unfold as expected and took longer than anticipated. He mentioned the challenge of determining the timing, particularly when the nitrogen started to flow.
Observer of the capital punishment Lee Hedgepeth, who provided a detailed account for DailyMail.com, observed something in the chamber that directly contradicts Marshall's statements the following day.
Prior to the commencement of the execution, Smith's pastor, John Ewell, shared with DailyMail.com that the convict was grappling with the harsh reality of his impending demise. Officials also noted that he showed little appetite for his last meal, which consisted of a T-bone steak, hashbrowns, and eggs from Waffle House.
As he grappled with coming to terms with his destiny, the Alabama Department of Corrections reported that Smith's last day commenced with his rejection of a morning meal consisting of eggs, biscuits, grape jelly, apple sauce, and orange juice.
He then declined the tray of lunch, but did consume Mountain Dew, Pepsi, and coffee. Smith was instructed to consume only clear liquids starting from 4pm, after barely eating his last meal, which was a dish from Waffle House generously topped with A1 steak sauce.
In a heart-wrenching moment, his wife, Deanna Smith, cried out in desperation from the witness box. This came after she had already endured the trauma of witnessing her husband's failed execution two years ago. The execution method sparked intense debate in the weeks leading up to the final date, as opinions were divided. Some believed that Smith's crime in 1988 justified his placement on death row.
At the age of 22, Smith found himself involved in a disturbing case. He was one of two individuals found guilty in the murder-for-hire killing of Elizabeth Sennett, who was 45 years old. The victim was the wife of preacher Charles Sennet Sr., who had hired the men to carry out the crime as part of an insurance scheme.
After his initial conviction in 1989 was overturned on appeal, he faced a retrial in 1996 and was once again found guilty, ultimately receiving a death sentence. According to prosecutors, he and John Forrest Parker received a payment of $1,000 each for carrying out the hit. It is alleged that Sennett's husband had financial troubles and was aiming to benefit from her insurance policy.
The discovery was made on March 18, 1988, when the lifeless body was found in her residence in Colbert County. The victim had suffered multiple stab wounds, with eight in the chest and one on each side of her neck. Following the discovery of his alleged involvement in the plot, Charles Sennett Sr. tragically took his own life. He has been laid to rest beside his wife.
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Criticisms Over Alabama's Nitrogen Gas Execution
Alabama Governor Kay Ivey praised the execution, viewing it as a form of justice for Sennett's murder. Ivey stated in a press release that Smith has finally faced the consequences for his heinous crimes, after multiple attempts to manipulate the system over the course of three decades.
Meanwhile, the administration expressed concern over Smith's execution by nitrogen gas, calling it a matter of concern. During a press briefing, Karine Jean-Pierre, the press secretary, highlighted the significance of the recent death, emphasizing President Joe Biden's strong support for a moratorium on the federal death penalty.
"The president has consistently expressed serious concerns about the implementation of the death penalty and its alignment with our core values," Jean-Pierre stated.
Alabama's new death penalty has been strongly criticized by the United Nations High Commissioner for Human Rights, Volker Turk, who argues that it goes against the fundamental right to life. Turk has called for the universal abolition of this practice.
In a statement released on Friday, Turk expressed his profound regret over the execution of Kenneth Eugene Smith in Alabama. He raised serious concerns about the use of a new and untested method of suffocation by nitrogen gas, suggesting that it may potentially amount to torture or cruel, inhuman, or degrading treatment.
In a statement on Friday, spokesperson Peter Stano expressed the European Union's condemnation of the new method of execution, describing it as "particularly cruel and unusual." Stano also reiterated the EU's longstanding call for the universal abolition of the death penalty.
Over the past few years, several states that continue to permit the death penalty have faced challenges in acquiring the required substances for lethal injections. This predicament arose when European manufacturers declined to sell drugs to the United States for use in executions. as per CNN.
According to Stano, the EU expressed appreciation for the progress made in the United States, with 29 states either abolishing capital punishment or implementing a moratorium on executions.
Related Article: Nitrogen Hypoxia: US Supreme Court Declines To Stop Alabama's First Nitrogen Gas Execution on Inmate
