Skip to main content

Questions Surround Execution of Kenneth Smith

Kenneth Smith was pronounced dead at 8:25 pm tonight after the State of Alabama executed him using nitrogen suffocation, an experimental method that had never previously been used in an execution.

Witness reports indicate that, just as Kenny Smith feared, the State’s experiment with nitrogen suffocation did not go as the State predicted. AL.com reported:

Witnesses saw Smith struggle as the gas began flowing into the mask that covered his entire face. He began writhing and thrashing between two and four minutes and was followed by around five minutes of heavy breathing.

At 8:07 p.m. a correctional officer leaned over the gurney and closely examined Smith’s face before walking back to his position against the wall.

Mr. Smith was not pronounced dead until nearly 20 minutes later, at 8:25 pm.

Alabama’s protocol called for Mr. Smith to be strapped so tightly to a gurney that he could not even move his head, but witnesses report that he pulled against the restraints. It is unclear at this hour what he experienced when nitrogen gas pumped through a mask that covered his nose and mouth displaced all of his oxygen, causing hypoxia and, ultimately, death.

But it is clear that, for the last 14 months, the State of Alabama subjected Kenny Smith to the trauma of facing a second execution date, making him the only person in 75 years—and only the second in U.S. history—to suffer a second execution after a previous failed attempt.

The State of Alabama told Mr. Smith for weeks that he was going to die on November 17, 2022.

On that date, Mr. Smith was given his last meal and last words, strapped to a gurney for over an hour and tortured as prison staff jabbed him with needles, penetrating his muscles and causing severe pain, and then attempted a central line procedure.

Throughout this hours-long process, Mr. Smith was terrified and writhing in agony. Just before midnight, the execution team suddenly stopped sticking him with needles and returned him to his cell.

Mr. Smith thought that every minute during that horrific night would be his last. In several important respects, Mr. Smith experienced what was effectively a “mock execution” that resulted in post-traumatic stress disorder.

Mr. Smith’s nightmares, nausea, and other trauma symptoms were exacerbated when the State announced it would put him through this ordeal a second time—but using a completely experimental and terrifying method that would force him to breathe nitrogen gas until he suffocated to death.

Alabama not only proceeded with a new nitrogen gas protocol that had never been tested and despite real doubts about its constitutionality, but it compounded its cruelty when, as Circuit Judge Jill Pryor wrote in her dissent from the Eleventh Circuit’s order denying a stay of execution, it specifically “chose[] this condemned person, this protocol, and this moment.”

“[E]ven though Mr. Smith is suffering mentally and physically from the posttraumatic stress Alabama caused when it botched its first attempt to execute him in 2022,” she wrote, the State of Alabama decided that Mr. Smith would be “escorted by his executioners to the same execution chamber that was previously used for the first attempted execution” and “strapped to a gurney, the same one that held him for hours as he endured excruciating pain just over a year ago.”

While Mr. Smith did not survive to report what pain he experienced this time, there is an undeniable record of the agonizing terror he suffered over the last year.


And as Mr. Smith’s first failed execution attempt—one of four executions that Alabama botched in four years—amply demonstrates, a single “successful” execution by nitrogen suffocation provides no basis for believing that Alabama can reliably carry out another.

Source: eji.org, Staff, January 25, 2024

_____________________________________________________________________










SUPPORT DEATH PENALTY NEWS





Most viewed (Last 7 days)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.

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...

Texas | Death Row Inmate Gets Resentenced to Life

Harris County district judge recommends compassionate release for Clarence Jordan A 1977 convenience store robbery that resulted in a clerk’s death landed Clarence Jordan on Texas Death Row, where he remained for decades even though he was declared incompetent for execution. On Monday, a judge recommended that the disabled man be released.  Harris County District Court Judge Katherine Thomas resentenced Jordan to life with the possibility of parole and suggested that he be considered for the Texas Department of Criminal Justice’s Medically Recommended Intensive Supervision program, also known as compassionate release.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.