Skip to main content

USA | Another New Execution Method, Another Botched Execution

I am in the grim business of studying botched executions, and lately, tragically, business has been brisk. Last Thursday’s effort by Alabama to introduce nitrogen hypoxia to America’s arsenal of execution technologies added yet another chapter to the story of executions gone awry.

As the New York Times notes, Kenneth Smith was the first person put to death by nitrogen hypoxia. He had been convicted “in the stabbing murder of Elizabeth Dorlene Sennett, 45, whose husband, a pastor, had recruited them to kill her in March 1988 in Colbert County, Ala.”

And Thursday marked Smith’s second trip to Alabama’s death chamber. The Times recounts that “In November 2022, the state tried to execute Mr. Smith using lethal injection. But that night, a team of correctional facility workers tried and repeatedly failed to insert an intravenous line into Mr. Smith’s arms and hands and, eventually, a vein near his heart.”

After multiple attempts, “prison officials decided that they did not have the time to carry out the execution before the death warrant expired at midnight.”

That the United States Supreme Court allowed the state to have a second chance to carry out his sentence is itself a disturbing fact of the Smith case. That his second execution was also botched only adds to that fact.

America has a long history of botching executions. From 1900 to 2010, 276 (3.15%) of 8,776 execution attempts were messed up in some way.

Lethal injections had the highest botch rate (7.1%), with gassings coming in second (5.4%).

A botched execution is one that departs from the governing legal protocol, standard operating procedure, or the advertised virtues of the method used. Generally, even a botched execution, like Smith’s experience with nitrogen hypoxia, succeeds in killing the condemned person, though in doing so it may impose more pain than is necessary or produce a lingering death.

One can trace the advertised virtues of nitrogen hypoxia, as The Atlantic’s Elizabeth Bruenig notes, “to a California screenwriter by the name of Stuart Creque (author of the science-fiction and horror films The Last Earth Girl, He Knows, and Memento Mori), who wrote a 1995 National Review article suggesting the technique for its humanity and simplicity.”

Creque, Bruenig says, “followed up on his original essay in The Wall Street Journal last year, praising officials in Alabama for preparing to realize his proposal. ‘Nitrogen anoxia is painless,’ Creque wrote, basing his analysis on the details of industrial accidents involving the gas. ‘It requires no drugs, poisons or medical procedures, and its effects are well-understood, consistent and reliable. Its first symptom is loss of consciousness.”

According to a report in the Guardian, during the legislative debate about nitrogen hypoxia, Alabama state Senator Trip Pittman described it as a “more humane option” for putting condemned prisoners to death. Pittman compared the method to the way that passengers on a plane may pass out when the aircraft depressurizes.

Michael Copeland, one of the country’s leading proponents of nitrogen hypoxia as an execution method, made a similar claim several years ago in testimony before the Oklahoma legislature. He told the lawmakers that it would be a painless way to put someone to death.

Hypoxia, the journalist Jack Shuler writes, “occurs when a person lacks an adequate supply of oxygen.” “Normally,” according to Copeland, “the air we breathe is 79 percent nitrogen and 21 percent oxygen.”

Nitrogen hypoxia during an execution “would be induced by having the offender breathing a gas mixture of pure nitrogen.” Because nitrogen is an inert gas, it doesn’t actually cause the death. As Copeland told the Oklahoma legislators, “It is the lack of oxygen that causes death.”

“The condemned person,” Copeland argued, “might not even know when the switch to pure nitrogen occurs, instead he would simply lose consciousness about 15 seconds after the switch was made. Approximately 30 seconds later, he would stop producing brain waves, and the heart would stop beating about two to three minutes after that.”

In litigation leading up to Smith’s execution, the Alabama attorney general’s office repeated those promises. It called nitrogen hypoxia “the most painless and humane method of execution known to man.”

It said that the nitrogen gas will “cause unconsciousness within seconds, and cause death within minutes.” Unconsciousness within seconds.

That is the promise of nitrogen hypoxia, the standard against which it should be measured. That promise was broken when Alabama killed Kenneth Smith.

Lee Hedgepeth, a reporter who witnessed Smith’s execution, made that clear in his detailed account of what he saw.

“Around 7:53,” Hedgepeth wrote, “correctional officers opened the curtains to the execution chamber, revealing Smith, gas mask already affixed, just beyond. Smith lay crucifixion style, his arms outstretched at his sides, strapped to the gurney with taut black buckles.”

“Around 7:55, a correctional officer removed a cap on the side of the gas mask…Around 7:57, Smith began to react to the nitrogen flowing into the mask covering his face. He began thrashing against the straps, his whole body and head violently jerking back and forth for several minutes.”

“Soon, for around a minute, Smith appeared heaving and retching inside the mask. By around 8:00, Smith’s struggle against the restraints had lessened, though he continued to gasp for air. Each time he did so, his body lifted against the restraints. Smith’s efforts to breathe continued for several minutes…. Around 8:07 p.m., Smith made his last visible effort to breathe.”

Another witness said that “Smith writhed and convulsed on the gurney. He took deep breaths, his body shaking violently with his eyes rolling in the back of his head. Smith clenched his fists, his legs shook … He seemed to be gasping for air. The gurney shook several times.”

As Professor Deborah Denno told the New York Times, Smith’s execution was “appalling.” Pain, Denno said, “for two to four minutes, particularly when you’re talking about somebody who’s suffocating to death—that’s a really long period of time and a torturous period of time.”

Last week, Alabama rolled out another new method of execution, yielding yet another botched execution. We should have learned by now that no new method can assure that executions will be safe, reliable, and humane.

With his death, Kenneth Smith now joins William Kemmler (electrocution), Gee Jon (the gas chamber), and Charles Brooks (lethal injection) on the list of people who were put to death by a previously untried execution method and whose botched executions became gruesome spectacles.

Source: verdict.justia.com, Austin Sarat, January 29, 2024. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Views expressed do not represent Amherst College.

_____________________________________________________________________










SUPPORT DEATH PENALTY NEWS





Most viewed (Last 7 days)

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.

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.

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...

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.

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.”  

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.

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.

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.

Florida | Man avoids death penalty in Daytona Beach triple murder

Jerome Anderson shot and killed Antoine Melvin, 42, John Burch, 65, and Patrick Lassiter, 35, in 2023. A man pleaded no contest to a triple-murder in Daytona Beach and was sentenced April 20 to three consecutive life terms in prison as part of a plea deal in which he avoided a possible death sentence. Jerome Anderson, 41, was indicted on three counts of first-degree murder and possession of a firearm by a convicted felon in the 2023 triple-slaying. Anderson pleaded no contest to the three first-degree murder charges April 20 and, in exchange, Assistant State Attorney Andrew Urbanak agreed not to continue to pursue the death penalty.