Skip to main content

Alabama inmate describes failed execution attempt: Unknown injections, repeated attempts to start IV

Kenneth Eugene Smith, the man who survived Alabama’s latest execution attempt, is claiming in a new court filing he was strapped to a gurney for 4 hours, injected with an unknown substance and poked with needles until the state eventually called off the execution just before midnight.

Smith, 57, was set to die by lethal injection on Nov. 17 at William C. Holman Correctional Facility. The prison, located in Atmore, is the only state facility with an execution chamber. He was going to be executed for his role in the 1988 murder-for-hire of Elizabeth Dorlene Sennett, a pastor’s wife from Colbert County who was fatally stabbed and beaten.

Gov. Kay Ivey has since ordered a moratorium on executions pending an internal review of the state’s execution process.

A Friday court filing from Smith’s attorneys detailed his account of what happened the night of the set execution. Around 7:45 p.m., the filing states, Smith was on the phone with his wife while waiting on the U.S. Court of Appeals for the 11th Circuit to rule on his request for a stay, when guards entered Smith’s cell and strapped him to a gurney.

Around 8 p.m., the 11th Circuit granted the request and stayed the execution. The filing states that, when Smith’s attorneys told the lawyers from the state that the execution was currently off, lawyers from the ADOC replied, “Noted.”

“But the execution continued on in defiance of the 11th Circuit’s stay, with Mr. Smith remaining strapped to a gurney until nearly midnight,” the filing says. “Mr. Smith was not notified that a federal court had stayed his execution as he lay immobilized for hours by the tight straps all across his body, nor was he allowed to communicate with his counsel as his appeals were being submitted and litigated.”

“They were—and he thought they were—executing him.”

2 hours later, according to the filing, an IV team entered the execution chamber and began “repeatedly jabbing Mr. Smith’s arms and hands with needles, well past the point at which the executioners should have known that it was not reasonably possible to access a vein.” The document details an “inverse crucifixion position” that Smith was tilted in.

Next, the filing says the IV team injected Smith “with an unknown substance that…was some sort of sedative and/or anesthetic.”

Earlier in Smith’s litigation, the Alabama Attorney General’s Office had agreed not to use intramuscular sedation during the lethal injection, saying the practice wasn’t part of the ADOC’s protocol.

“After this injection, a person of unknown medical credentials wearing a face shield started repeatedly stabbing (Smith’s) collarbone area with a large needle in an attempt to begin a central line IV in his subclavian artery,” the filing says. Smith described intense pain in the court filing, adding that the attempts to start a central line for the three-drug lethal injection cocktail “went well past the point that the executioner should have known he would not achieve access.”

The document says Smith’s attorneys saw reports on social media that the execution had been called off around 11:20 p.m., and asked ADOC officials for confirmation.

A federal judge has ruled the state must preserve all evidence from the failed execution attempt.

Source: al.com,  Ivana Hrynkiw, November 28, 2022

"Botched" Alabama execution subjected inmate to "ever-escalating levels of pain and torture," attorneys say


Alabama prison staff strapped an inmate to a death chamber gurney, despite a court order in place at the time blocking the execution from going forward, and later subjected him to numerous needle jabs, including in the neck and collarbone region while an official held his head, attorneys wrote in a court filing.

Attorneys for Kenneth Eugene Smith claimed on Friday the state violated the U.S. Constitution, various court orders and its own lethal injection protocol during the "botched" execution attempt earlier this month. Smith's attorneys are asking a federal judge to forbid the state from making a 2nd attempt to execute him, saying Smith was already "subjected to ever-escalating levels of pain and torture" on the night of the failed execution.

"Defendants' treatment of Mr. Smith does not fall within society's standards for a constitutional execution. The botched execution was terrifying and extremely painful for Mr. Smith," attorneys for Smith wrote in the complaint filed in federal court. The lawsuit accuses the state of violating the constitutional ban on cruel and unusual punishment, seeks monetary damages and asks for an injunction to block Alabama from "making a 2nd attempt to execute Mr. Smith."

The Alabama Department of Corrections on Monday declined to publicly respond to Smith's account of the aborted execution, saying the department "cannot comment on ongoing litigation."

Alabama Gov. Kay Ivey last week announced a temporary pause in executions to review of the state's capital punishment system, citing concerns for victims' families that death sentences were delayed.

"For the sake of the victims and their families, we've got to get this right," Ivey said.

Smith was scheduled to be put to death by lethal injection on Nov. 17 for the 1988 murder-for-hire slaying of Elizabeth Dorlene Sennett. Prison officials said they called off Smith's execution for the night after they were unable to establish IV access within the 100-minute window between the court clearing the way for it to begin and a midnight deadline.

Smith's attorneys say the state strapped Smith to the death chamber gurney at about 8 p.m. and left him there even though the 11th U.S. Circuit Court of Appeals issued a stay at 7:59 p.m. Smith was not told of the stay and had no way to communicate with his attorney or family as he lay strapped to the gurney, his attorneys said.

"The execution continued on in defiance of the Eleventh Circuit's stay, with Mr. Smith remaining strapped to a gurney until nearly midnight," attorneys wrote.

The U.S. Supreme Court lifted the stay shortly at 10:20 p.m. and it was around that time that the execution team began trying to establish IV access, according to the court filing.

Smith was jabbed with needles multiple times in his arms, hands, neck and collarbone region "well past the point at which the executioners should have known that it was not reasonably possible to access a vein" his attorneys wrote.

Smith's attorneys wrote that the team tilted Smith in "an inverse crucifixion position" while strapped to the gurney and left him there for several minutes. Attorneys said they also believe the team injected Smith with "some sort of sedative and/or anesthetic"- violating assurances to a federal judge in court proceedings that they do not use intramuscular injections.

Attorneys said the prison team then used a large gauge needle to try to establish a line through a blood vessel beneath the collarbone. When Smith did not comply with a request to turn his head, a deputy warden held "Smith's head in both his hands, torqued it to the side, saying, 'Kenny, this is for your own good.'"

After multiple attempts, the execution team left the chamber and Smith and his attorneys later learned sometime before midnight that the execution had been called off for the night.

It was the state's 2nd such instance of being unable to kill an inmate in the past 2 months and its 3rd since 2018.

At one point, they left him hanging vertically on a gurney before state officials made the decision to call off the execution.

The state completed an execution in July, but only after a three-hour delay caused at least partly by the same problem with starting an IV line.

The Alabama Department of Corrections has disputed that the cancellation of Smith's execution was a reflection of problems. The department blamed the late-running court action, saying "ADOC had a short timeframe to complete its protocol."

16 men have been executed in the U.S. this year.

According to the Death Penalty Information Center, Alabama has carried out 70 executions since 1976 and there are currently 170 inmates on death row.

Source: CBS News, Staff, November 28, 2022





🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.




Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin.  Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Florida executes Daniel Owen Conahan Jr.

In Florida’s 15th execution this year, man put to death for killing linked to ‘Hog Trail Murders’  A Florida man convicted in one of a series of suspected killings that became known as the “Hog Trail Murders” in the 1990s was put to death Thursday, becoming the state’s 15th person executed this year.  Daniel Owen Conahan Jr., 72, was pronounced dead at 6:12 p.m. after receiving a 3-drug lethal injection at Florida State Prison near Starke. He had been sentenced to die for the 1996 kidnapping and strangling of Richard Allen Montgomery, whose mutilated body was found in a wooded southwest Florida area where authorities found the remains of at least 6 people over a 3-year span.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.