Kenneth Eugene Smith, who has spent three decades on death row in Alabama, is set to be executed this Thursday at Holman Prison in Atmore, Alabama, using a method that has never been used in the United States. Smith, 58, was convicted of the murder of a pastor’s wife in 1989 and is scheduled to be executed by replacing breathable air with nitrogen, which would cause him to die from a lack of oxygen.
This execution method is causing controversy and has faced legal challenges. The Supreme Court has denied Smith’s request to stay the execution, rejecting his argument that it would be unconstitutional for the state to attempt a second execution after the failure of a lethal injection in 2022. UN human rights spokesperson Ravina Shamdasani urged the state of Alabama to abandon plans to execute Smith through the “incipient and unproven” method, calling it potentially torture according to international law.
The execution is planned to be carried out by placing a respirator-type mask over Smith’s nose and mouth to replace air with nitrogen. Three states have authorized nitrogen hypoxia as an execution method, but it has never been attempted.
Smith was convicted of the 1988 murder-for-hire of a preacher’s wife, a case that shocked the small community in northern Alabama. The execution requires a respirator-type mask that could interfere with Smith’s ability to make a final statement or pray out loud in his final moments.
The state has defended its decision, arguing that the execution method is humane. They have made minor adjustments to the execution protocol to allay concerns that Smith’s spiritual advisor would not be able to minister to him before the execution.
Alabama Attorney General Steve Marshall’s office has defended the new execution method, stating that it will result in loss of consciousness within seconds and death within minutes. However, Smith’s lawyers have argued that the protocol is rife with unknowns and potential problems that violate the constitutional ban on cruel and unusual punishment.
Smith’s impending execution raises questions about the use of experimental execution methods and their potential impacts on human rights and the Eighth Amendment’s ban on cruel and unusual punishment. The case highlights the ongoing debates and moral dilemmas surrounding the death penalty in the United States.