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)

South Korea ferry disaster: Surviving passengers of Sewol tragedy give evidence in court

Surviving passengers of a South Korean ferry which sunk in April, killing 304 people, are due to give evidence in the trial of its captain and 14 crew members. Students from the Danwon High School in Ansan, 18 miles south of Seoul, will testify with other passengers in a smaller court nearer to their home, rather than the one where the defendants are being seen in Gwangju, in the south of the country. The Sewol ferry set sail on 16 April with 476 passengers and crew on board - more than 300 of which were schoolchildren. They were enroute from the mainland to the island resort of Jeju as part of a school trip, when nearing the end of the journey, the vessel, which was overloaded, also made a sharp turn to the right causing it to capsize. Captain Lee Joon-seok, 68, was caught on rescue footage being one of the first to leave the ship, while many passengers, obeying orders, remained in the cabins. It is thought a delayed evacuation order from the captain did n...

Tennessee | Questions Raised About the Doctor Who Was Overseeing Tony Caruthers’ Execution

Mark Fowler, according to a deposition, had not placed a central line in a patient for more than a decade when he attempted to put one in Carruthers Around 11 a.m. Thursday morning in the execution chamber at Riverbend Maximum Security Institution in Nashville, a medical doctor stepped in and attempted to place a central IV line in Tony Carruthers’ chest. By that point, the prison staff had spent some 30 minutes trying unsuccessfully to insert a backup IV line that would allow them to proceed with the lethal injection. According to Carruthers’ attorney Maria DeLiberato, who was in the room, after asking a staff member to attempt inserting a line through Carruthers’ jugular vein, the doctor moved on to the central line, which is identified as the last resort in Tennessee’s lethal injection protocol .

Florida: The Daily Routine of Death Row Inmates

The breakfast carts rattle through the concrete prison at about 5:30 am and as they approach Death Row the first sounds of morning repeat the last sounds of night - remote controlled locks clanging open and clunking closed, electric gates whirring, heavy metal doors crashing shut, voices wailing, klaxons blaring. A maximum security prison has no soft or delicate sounds. At the end of each corridor of death row cells a guard opens a heavy door of steel bars and a prison trusty pushes a breakfast cart inside. The door closes behind him and when it locks a second door opens and admits the trusty to the wing. He steers his cart along the wing stopping at each cell to pass a tray of powdered eggs and lukewarm grits through a small slot on the bars. Food is prepared by prison staff and transported in insulated carts to the cells. The food carts are full of cockroaches, the food is often undercooked or just rotten and is served on Styrofoam plates with a plastic "spork" - fork/spoon...

Arizona executes Leroy McGill

Arizona executes inmate who set couple on fire in 'horrific attack' Arizona has executed Leroy McGill for setting 21-year-old Charles Perez and his 24-year-old girlfriend on fire. Perez died the next day and Perez survived with severe burn injuries.  Arizona has executed a death row inmate for setting 2 people on fire more than 20 years ago, killing 1 of them and changing the other's life forever.  The state executed Leroy McGill, 63, by lethal injection on Wednesday, May 20, for the 2002 murder of 21-year-old Charles Perez. McGill set Perez and his girlfriend on fire after they accused him of theft, court records say. Perez died of his injuries the next day while his girlfriend survived with severe burns. 

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...

Tennessee fails to execute Tony Carruthers after IV difficulties. State won't try again for a year

NASHVILLE, Tenn. (AP) — Tennessee officials on Thursday called off the lethal injection of Tony Carruthers, who was convicted of kidnapping and murdering three people in 1994, after his executioners tried and failed for over an hour to establish an intravenous line. Gov. Bill Lee announced soon afterward that the state would not try again for at least a year. In a written statement, the Tennessee Department of Corrections said medical personnel had quickly established a primary IV line but were unable to find a suitable vein for a backup line as required by the state’s execution protocol. Efforts to insert a central line also failed, and officials called off the execution.

EU GSP+ Reform: Will Brussels Finally Enforce Its Own Conditions on Pakistan?

The EU has tightened the rules governing GSP+ trade preferences, but Pakistan’s record raises a harder question: whether Brussels is prepared to suspend market access when a major beneficiary fails to demonstrate sustained compliance with human rights, labour and governance obligations. The European Union has formally adopted revised rules for its Generalised Scheme of Preferences, strengthening the conditions attached to preferential market access for developing countries. The new framework will apply from 1 January 2027 and is intended to tighten monitoring, widen the list of international conventions, and make suspension of benefits easier in cases of serious violations.

Former Oklahoma death row inmate Richard Glossip goes free on $500k bond

Richard Glossip was released from jail Thursday, May 14, on a $500,000 bond, a major victory for the former death row inmate who has come so close to execution that he has had three last meals. Glossip, 63, is awaiting his third trial in his 1997 murder-for-hire case. He walked out the front door of the Oklahoma County jail, holding hands with his wife, Lea Glossip, as a stiff Oklahoma breeze whipped his hair. "I'm just thankful for my wife and my attorneys," he told reporters. "I'm just happy." His release came hours after Oklahoma County District Judge Natalie Mai set bail in a 13-page order that pointed to issues with the key witness against him.

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.

Florida executes Richard Knight

Man convicted of killing a woman and her 4-year-old daughter is executed in Florida  A Florida man convicted of fatally stabbing his cousin’s girlfriend and the couple’s 4-year-old daughter was put to death Thursday evening, becoming the 7th person executed by the state this year.  Richard Knight, 47, was pronounced dead at 6:13 p.m. following a 3-drug injection at Florida State Prison near Starke. Knight was convicted of 2 counts of 1st-degree murder in the June 2002 killings of Odessia Stephens and her daughter, Hanessia Mullings.  The curtain of the death chamber went up promptly at the scheduled 6:00 p.m. execution time. Knight was already strapped down with his arms extended and an IV line in place.