Skip to main content

43 Alabama inmates may face nitrogen gas executions

More than a quarter of all inmates currently on Alabama's death row have chosen nitrogen gas as their execution method, and those decisions were made before the state used the gas for the first time to kill Kenneth Eugene Smith, state officials say.

Smith, 58, was executed Thursday night at the William C. Holman Correctional Facility in Atmore by nitrogen hypoxia, a method never before used on humans. There are 164 inmates on death row, according to data from the Alabama Department of Corrections. 

In a Friday morning news conference, Alabama Attorney General Steve Marshall said 43 inmates have chosen the method.

Inmates chose the method before the state established protocol for nitrogen hypoxia execution and before Smith was put to death. The prison system did not respond an email asking whether inmates will be given the opportunity to change their decision from nitrogen hypoxia to lethal injection or electrocution, the other two legal means of execution in Alabama.

During the execution, Smith writhed and convulsed for two to four minutes before apparently passing out after the gas began running into his full face mask. While apparently unconscious, he continued to gasp for air and contort for another two minutes. In legal proceedings held before the execution, the AG’s office entered briefs saying Smith should lose consciousness in a matter of “seconds,” and death should occur in a matter of “minutes.”


The state has provided very little information about the nitrogen hypoxia process. In heavily redacted court documents the state wrote that the nitrogen would flow for 15 minutes, or five minutes after the vital signs of the inmate “flatlined,” whichever came first.

The gas apparently was administered beginning at 7:57 p.m., with Smith appearing to lose consciousness at 8:02 p.m. and taking his last breath at 8:07 p.m. The curtains to the witness room were drawn at 8:15 p.m.

He was pronounced dead at 8:25 p.m.

'Torture' vs 'textbook'


In a news conference following the execution, Department of Corrections Commissioner John Q. Hamm said Smith's reactions were "...nothing out of the ordinary."

"It appeared Smith held his breath for as long as he could, and struggled against his restraints," Hamm said. "This was expected."

Hamm said the gas ran “about” 15 minutes, but prison system officials have not commented on an exact time when the gas was being administered, or when Smith’s vital signs “flatlined.”

The method of execution was denounced by groups ranging from a coalition of Alabama faith leaders, to Amnesty International, to the United Nations, to the Vatican. Opponents stressed that it had never been used on a human being before.

The Rev. Jeff Hood, Smith’s spiritual advisor who was inside the death chamber at the time of the execution called it “torture” in a news conference held about an hour after the execution.

Marshall characterized the execution as “textbook” during a Friday news conference.

“As of last night, nitrogen hypoxia as a means of execution is no longer an untested method. It is a proven one,” Marshall said, extending an offer of help for states considering adopting the method. Marshall said he expects Alabama “will definitely have more nitrogen hypoxia executions.”

Attorneys for those inmates that have chosen nitrogen hypoxia as a method of execution have asked the court to order Alabama to turn over records and information about Smith’s execution. Litigation will almost certainly focus on Smith’s convulsions and movements during the execution.

“The state promised the world the most humane method of execution known to man. Instead, Mr. Smith writhed and thrashed before he died. No further executions should take place by this method until the events of this evening are examined by an independent body,” Assistant Federal Defender John Palombi, who represents death row inmates who requested nitrogen, said in a statement.

Smith's crime and sentencing controversy


Smith was convicted of capital murder on Nov, 14, 1989, in the murder-for-hire death of Elizabeth Sennett in Colbert County. She was the wife of the Rev. Charles Sennett, who hired Smith and his co-defendant to kill her in an effort to collect on her life insurance policy.

Charles Sennett was in debt at the time. Elizabeth Sennett was stabbed to death in her home. Charles Sennett committed suicide a few days after her death after it became apparent that investigators suspected his involvement.

Smith’s original conviction was overturned, and he was convicted of capital murder again in 1996.

The jury voted 11-1 to recommend a sentence of life in prison without the possibility of parole for Smith, but the judge ignored the jury’s recommendation and handed down the death sentence.

At the time, judges in Alabama could override the jury’s recommendation of life without the possibility of parole and enact the death sentence. The Legislature has since removed that power.

Alabama death row
  • White males: 79
  • Black males: 78.
  • Males of other races: Two
  • White females: Four.
  • Black females: One
Source: Alabama Department of Corrections

Source: montgomeryadvertiser.com, Marty Roney, January 31, 2024

_____________________________________________________________________










SUPPORT DEATH PENALTY NEWS





Most viewed (Last 7 days)

Saudi Arabia executes two Bangladeshis over 'immoral act' inside mosque

Saudi Arabia has carried out the death penalty on two Bangladeshi nationals in Mecca. The country's Interior Ministry announced this in a statement on Wednesday. According to the report, they were sentenced over allegations of involvement in immoral acts inside a mosque in Mecca. The information was reported by Ajel News, citing the Saudi Interior Ministry's statement. The two Bangladeshis executed were a man and a woman, Nazrul Islam Abdul Basir and Sithi Akhter. The “immoral acts” referred to illicit heterosexual intercourse, not homosexual activity.

Florida | Former firefighter, police officer sentenced to death in Fort Pierce killing

Otto Lenke, a Sebastian resident and former Indian River County firefighter/paramedic, as well as a former Melbourne police officer, was convicted in May 2026 of first-degree murder with a firearm and first-degree arson for the February 2021 killing of Richard Benson, owner of Fast Frank’s Cycle Concepts in Fort Pierce. SEBASTIAN—A Nineteen Judicial Circuit judge on Tuesday sentenced former Indian River County firefighter and Melbourne police officer Otto Lenke of Sebastian to death for the 2021 killing of a Fort Pierce motorcycle shop owner.

Florida | William Reaves set to be executed on Oct. 20 at 6 p.m.

With his execution date looming, convicted killer William Reaves will soon be moved from Raiford's Union Correctional Institution to a death watch cell in nearby Florida State Prison, a maximum-security complex also known as "The Rock." Reaves, 77, a former Gifford resident in Indian River County who’s been on death row for 38 years, is scheduled to die by lethal injection on Oct. 20 at 6 p.m. His execution will fulfill a sentence of death imposed for the 1986 fatal shooting of Indian River County Sheriff’s Cpl. Richard “Raz” Raczkoski outside a Zippy Mart store on State Road 60 west of Vero Beach.

Saudi Arabia executes woman, 'terrorists', 'indecent' couple, and juvenile offenders

Saudi Arabia carried out a series of executions in mid-October, including that of a woman convicted of killing her mother and attempting to kill her sister, alongside five men in the Eastern Province. Official statements described the five as terrorists; human rights groups described them as political prisoners sentenced under discretionary (ta’zir) penalties, one of whom was a child at the time of the alleged acts. The cases illustrate the kingdom’s continued use of the death penalty under Sharia, its stated commitment to public order and justice, and criticism from human rights organizations over the scope of capital punishment.

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

Saudi Arabia executes five on terrorism charges

DUBAI — Saudi Arabia executed five people Saturday on terrorism charges, the ministry of interior said, bringing the total number of death sentences carried out this year to 188, according to an AFP tally based on official statements. The five Saudi nationals were convicted of “joining a foreign terrorist organization," opening fire on security forces and “providing support” for “terrorist operations inside the kingdom." Their executions were carried out in the Eastern Province, home to most of Saudi Arabia’s Shia Muslim minority, which has long complained of marginalization in the Sunni-majority country.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Florida executes James Robertson

STARKE, Fla. — A Florida prisoner who said he killed his cellmate specifically to get on death row was executed Tuesday, nearly 18 years after the attack. James Robertson, 63, declined to offer any last words before receiving a three-drug injection and was pronounced dead about 10 minutes later. It was a stark contrast to the failed execution of Christa Pike in Tennessee two weeks ago, where she was rushed to the hospital after surviving two lethal doses of pentobarbital.

Florida Set to Execute Man Who Said He Killed to Reach Death Row, Challenging Misconception that Death Penalty Deters Crime

Florida is scheduled to execute James Robertson at noon on Tuesday, October 13, at Florida State Prison. His execution remains scheduled despite the withdrawal of William Lee Thompson’s death warrant, which had called for a 2nd execution that evening. If completed, this will be Florida’s 17th execution of 2026. Floridians for Alternatives to the Death Penalty (FADP) and partners will be holding a series of vigils and demonstrations across the state. 

Christa Pike: 4 Major Questions As She Returns to Death Row

As Christa Pike returns to death row after surviving Tennessee’s attempt to execute her, several questions remain about her case and what comes next.  Pike, 50, was discharged from hospital and moved back to the Debra K. Johnson Rehabilitation Center, the women’s prison where she was housed for 30 years, her attorneys said on Saturday.  She was hospitalized after surviving 2 doses of the lethal drug pentobarbital as Tennessee attempted to execute her on September 30. Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, her classmate at a Job Corps training program in Knoxville, Tennessee. Pike was 18 at the time.