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Alabama executes man by nitrogen hypoxia for the first time in the US

Alabama is set to carry out the first execution in the United States to use nitrogen gas on Thursday evening, a controversial and untested method that has drawn criticism from both the US and countries abroad.

Alabama became the first state in the U.S. to execute a prisoner using nitrogen hypoxia on Thursday.

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Execution took 22 minutes

Update 10:00 p.m. EST Jan. 25: The execution took about 22 minutes, according to The Associated Press. For about two minutes, Kenneth Eugene Smith appeared to shake on the gurney and pull on the restraints. That was eventually followed by minutes of heavy breathing.

“Tonight, Alabama causes humanity to take a step backward ... I’m leaving with love, peace and light,” Smith said in a final statement obtained by AP.

Execution

Update 9:31 p.m. EST Jan. 25: The state of Alabama executed a man with nitrogen gas Thursday evening. It is the first time someone has been executed by nitrogen gas in the United States.

Kenneth Eugene Smith, 58, was pronounced dead at 8:25 p.m., CT officials said, according to the AP.

“On March 18, 1988, 45-year-old Elizabeth Sennett’s life was brutally taken from her by Kenneth Eugene Smith. After more than 30 years and attempt after attempt to game the system, Mr. Smith has answered for his horrendous crimes,” Alabama Gov. Kay Ivey confirmed in a statement to AL.com.

“The execution was lawfully carried out by nitrogen hypoxia, the method previously requested by Mr. Smith as an alternative to lethal injection. At long last, Mr. Smith got what he asked for, and this case can finally be put to rest. I pray that Elizabeth Sennett’s family can receive closure after all these years dealing with that great loss,” Ivey continued.

Supreme Court ruling

Update 7:52 p.m. EST Jan. 25: The United States Supreme Court ruled Thursday night that Alabama can move forward with the first execution by nitrogen gas, according to The Associated Press. The Supreme Court denied Kenneth Eugene Smith’s request to stay the execution, according to AL.com.

The U.S. Supreme ruled based on a 6 to 3 vote, according to the New York Times.

Original story: Kenneth Eugene Smith, 58, is set to be executed at Alabama’s William C. Holman Correctional Facility at 6 p.m. CT when officials will put a mask on Smith and administer a flow of nitrogen into it.

Thursday’s execution will be the first attempt to use a new method of execution since 1982 when the lethal injection was introduced, according to The Associated Press. Lethal injection is the most common execution method in the U.S.

Alabama has until 6 a.m. CT Friday to carry out the execution, according to the AP.

Smith’s attorneys had filed numerous motions to stop Thursday’s execution which they referred to as “experimental.”

The US Supreme Court announced Wednesday that will not stay the execution.

Protocol

According to protocol that was released by prison officials and obtained by the New York Times, Smith will be strapped to a gurney in Alabama’s execution chamber. A mask will then be placed on Smith’s head and nitrogen will be released into the mask. He will then be deprived of oxygen.

Second execution

Thursday evening will not be the first time Smith has been in the Atmore, Alabama, death chamber. Smith was set to be put to death by lethal injection in November 2022, but executioners could not find a second suitable vein to inject the medication then used in Alabama executions. The attempted execution went on for nearly four hours before his death warrant expired.

Elizabeth Dorlene Sennett

Smith has been on death row for over three decades for his participation in a murder-for-hire plot of Elizabeth Dorlene Sennett, according to AL.com. It took place in 1988 at her house in Colbert County. She was beaten and stabbed to death.

Smith reportedly confessed to his role. Court records obtained by AL.com showed that he was paid around $1,000 for Sennett’s murder. Her husband, a pastor, admitted to his family that he hired Smith and another person to kill his wife. Sennett’s husband died by suicide soon after. Smith’s accomplice was convicted and was executed in 2010.

The last meal

On Thursday morning, Smith ate his last meal: a T-bone steak, hash browns and eggs from Waffle House, according to the Times.