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)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Kuwait | New Anti-Drug Law Introduces Death Penalty, Surprise Testing, and Strict Enforcement

KUWAIT CITY, Nov 26: Divorce rates in Kuwait are rising, with recent statistics indicating that addiction—particularly among wives—has become a significant contributing factor. In response, authorities are preparing to introduce surprise premarital drug testing as part of a broader set of reforms under Kuwait’s new drug law. The countdown has officially begun for the enforcement of this new legislation, which was drafted by a judicial committee formed by the First Deputy Prime Minister and Minister of Interior, Sheikh Fahd Al-Yousef. The committee is headed by Counselor Mohammed Rashid Al-Duaij.