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An Alabama Supreme Court comprised of all Republicans was divided Wednesday as to whether an inmate would be executed with nitrogen gas to carry out his death sentence.
Well it turns out in a 6-2 decision that this method will be allowed and Kenneth Eugene Smith will be the first to meet his Maker this way.
Although the order did not specify the execution method, the Alabama attorney general indicated in filings with the court that it intends to use nitrogen to put Smith to death. The exact date of the execution will be set later by Alabama Gov. Kay Ivey.
"Elizabeth Sennett's family has waited an unconscionable 35 years to see justice served. Today, the Alabama Supreme Court cleared the way for Kenneth Eugene Smith to be executed by nitrogen hypoxia," Alabama Attorney General Steve Marshall wrote. "Though the wait has been far too long, I am grateful that our capital litigators have nearly gotten this case to the finish line."
An attorney for Smith did not immediately respond to an email seeking comment.
Lawyers for Smith had urged the court to reject the execution request, perhaps because it's unsafe for Smith.
Smith's attorneys previously accused the state of trying to move Smith to "the front of the line" for a nitrogen execution in order to moot Smith’s lawsuit challenging lethal injection procedures, but there was no line.
Chief Justice Tom Parker and Justice Greg Cook dissented in Wednesday's decision.
Smith was one of two scumcrumpets who were each paid $1,000 to kill Ms. Sennett on behalf of her pastor husband, who was deeply in debt and wanted to collect on insurance, for God's sake. The pastor killed himself the following week and likely never made it to the promised land.
Although the order did not specify the execution method, the Alabama attorney general indicated in filings with the court that it intends to use nitrogen to put Smith to death. The exact date of the execution will be set later by Alabama Gov. Kay Ivey.
Smith was one of two men convicted in the 1988 murder-for-hire killing of Elizabeth Sennett in Colbert County.
Alabama, Mississippi and Oklahoma are states that had authorized nitrogen hypoxia as an execution method but Alabama will likely be the first to use it if the execution goes through. However, there will probably be further litigation over this new execution method.
"Elizabeth Sennett's family has waited an unconscionable 35 years to see justice served. Today, the Alabama Supreme Court cleared the way for Kenneth Eugene Smith to be executed by nitrogen hypoxia," Alabama Attorney General Steve Marshall wrote. "Though the wait has been far too long, I am grateful that our capital litigators have nearly gotten this case to the finish line."
An attorney for Smith did not immediately respond to an email seeking comment.
Lawyers for Smith had urged the court to reject the execution request, perhaps because it's unsafe for Smith.
"The state seeks to make Mr. Smith the test subject for the first ever attempted execution by an untested and only recently released protocol for executing condemned people by the novel method of nitrogen hypoxia," Smith’s attorneys wrote in a September court filing.
I say whatever works.
Under the proposed method, the inmate would be forced to breathe only nitrogen, depriving them of oxygen needed to maintain bodily functions and causing them to die. Nitrogen is mixed with oxygen in our atmosphere and comprises 78% of the air we breathe.
Under the proposed method, the inmate would be forced to breathe only nitrogen, depriving them of oxygen needed to maintain bodily functions and causing them to die. Nitrogen is mixed with oxygen in our atmosphere and comprises 78% of the air we breathe.
While some say using nitrogen to kill a scumbag like Smith would be painless, others say it might not be and he should be able to die comfortably, like the former VA Gov. Ralph Northam said, as he believes that unwanted newborns should be made to feel comfortable before the mother decides to kill him or her.
So Smith can be a ground-breaker and get his name into the history books--that would be his only good accomplishment it seems.
The state unsuccessfully attempted to put Smith to death by lethal injection last year. The Alabama Department of Corrections called off the execution when the execution team could not get the required two intravenous lines connected to Smith. But at least they did get the isopropyl alcohol to sterilize the needle to avoid infection.
Smith's attorneys previously accused the state of trying to move Smith to "the front of the line" for a nitrogen execution in order to moot Smith’s lawsuit challenging lethal injection procedures, but there was no line.
Chief Justice Tom Parker and Justice Greg Cook dissented in Wednesday's decision.
Smith was one of two scumcrumpets who were each paid $1,000 to kill Ms. Sennett on behalf of her pastor husband, who was deeply in debt and wanted to collect on insurance, for God's sake. The pastor killed himself the following week and likely never made it to the promised land.
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