Skip to main content

Alabama judge to rule on allowing execution by nitrogen

A judge in Alabama will decide if a new method of execution using pure nitrogen gas can be used for the first time.

Two other states are considering the method as an alternative to lethal injections, after a spate of botched executions in the US.

But lawyers for Kenneth Eugene Smith, convicted of a 1988 murder, argued the method was unconstitutionally cruel.

On Wednesday, they urged the judge to block his 25 January execution using nitrogen hypoxia.

Robert Grass, an attorney for Smith, told the court the execution method could expose his client "to the risk of superadded pain," which violates the US constitution.

Alabama's attorney general's office, however, argued that it was humane.

To carry out the method, a mask would be placed over Smith's face, and fitted and sealed around his nose and mouth. The mask would then be used to replace breathable air with nitrogen, resulting in death from lack of oxygen.

According to Alabama's execution protocol, the nitrogen would be administered for at least 15 minutes or "five minutes following a flatline indication on the EKG, whichever is longer", the Associated Press reported.

An assistant professor of anaesthesiology at Harvard Medical School who testified on Smith's behalf on Wednesday said nitrogen hypoxia can induce nausea and create the risk of choking on vomit.

Dr Robert Jason Yong also said there was a risk that the method could cause the sensation of suffocation.

Alabama attorney general's office called Mr Yong's assessment speculative and asked him to provide examples for some of his claims. Dr Yong replied that there was limited information about nitrogen hypoxia in humans.

US District Judge R Austin Huffaker Jr, who is presiding over the case, did not indicate when he would rule. However, other states will be eyeing his decision.

Mississippi and Oklahoma have also considered turning to nitrogen hypoxia as a legal alternative.

Execution by lethal injection, the method used by most states where the death penalty is legal, has been criticised for a number of botched attempts.

And Alabama's ability to effectively carry out executions using lethal injection has come under heightened scrutiny recently.

Since 2018, the state has botched four execution attempts, leaving some inmates alive and forcing them to deal with the trauma of facing a second execution.

Smith, who was sentenced to death in 1996, is one of those inmates. His first execution attempt by lethal injection failed in November 2022.

In a court filing by Smith's lawyers days later, he claimed that he felt sharp and intense pain throughout the attempted lethal injection process, "as though he were being 'stabbed' in the chest", according to the BBC's media partner CBS.

Smith is not the only one with a lawsuit in Alabama challenging the risks of nitrogen hypoxia.

Reverend Jeffrey Hood, a minister who presides over Alabama executions, has said using nitrogen gas could place his life at risk, too, and prevents him from properly administering spiritual support to Smith.

The method has been criticised for the potential deadly threat it can pose to others in the area - the execution team, spiritual advisers and witnesses - in the event that gas were to escape the hose supplying it.

Mr Hood filed a separate lawsuit last week. In it, he claimed that the execution method "presents potentially significant dangers to his own life, and violates the religious liberties of both himself and Mr Smith".

Source: BBC News, Brandon Drenon, December 21, 2023

_____________________________________________________________________











Most viewed (Last 7 days)

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Tennessee | Man set to be executed files motion claiming DNA evidence will exonerate him

MEMPHIS, Tenn. — Attorneys for death row inmate Tony Carruthers filed a motion in Shelby County Criminal Court seeking immediate DNA testing on evidence they claim will prove his innocence in a 1994 triple murder.  Carruthers is scheduled for execution on May 12. He was convicted and sentenced to death for the kidnapping and murders of 24-year-old Marcellos Anderson, 17-year-old Delois Anderson, and 21-year-old Frederick Scarborough. Prosecutors at trial alleged the victims were buried alive in a Memphis cemetery as part of a drug-related robbery.

Texas | James Broadnax's appeals: US Supreme Court denies 2 claims, confession pending

Despite an 11th-hour confession from another man, James Broadnax is slated to be executed by the state of Texas later this week.  Broadnax, 37, is scheduled to be put to death by lethal injection April 30 in Huntsville. He was condemned by a Dallas County jury in 2009 for the deaths of Stephen Swan, 26, and Matthew Butler, 28, outside their Garland music studio. Broadnax and his cousin, Demarius Cummings, had set out to rob the men, but left with only $2 and a 1995 Ford, according to previous reporting from The Dallas Morning News.