Skip to main content

Opponents of Alabama's nitrogen executions want nitrogen companies to withhold supply

Alabama in late January became the first state to use nitrogen gas in an execution, finding a new way to carry out a death sentence after drug companies refused to let their products be used in lethal injections.

Kenneth Eugene Smith, 58, was put to death Jan. 25 for the 1988 murder-for-hire killing of 45-year-old Elizabeth Sennett. State prison officials put a mask over his face, replacing the air he breathed with nitrogen gas and depriving him of oxygen.

Alabama has said it plans to continue using this new method. Other states are considering following its lead given that nitrogen gas, the chief material in a nitrogen execution, is readily available to purchase. But at least one company has said it won’t supply nitrogen for execution, and anti-death penalty groups hope others will do the same.

Despite the availability of nitrogen gas, legal challenges may end up being a big hurdle for prison officials trying to procure it, at least for the time being.

How did we get here?


The refusal of drug companies to allow their products to be used in lethal injections, and ongoing litigation over that execution method, have made it hard for some states to carry out death sentences. That led them to explore alternate means of carrying out executions.

Three states — Oklahoma, Mississippi and Alabama — have authorized nitrogen gas as an execution method. In Oklahoma, nitrogen was authorized as a backup method in case lethal injection is unavailable because of court rulings or a shortage of drugs. Alabama law gives prisoners the option to choose nitrogen as their preferred method.

Where did Alabama get the nitrogen?


Just as the state has refused to name suppliers for lethal injection drugs, the Alabama Department of Corrections won't say where it obtained the nitrogen gas used to kill Smith. The state redacted information in federal court records that could identify the supplier. Court documents filed by the state showed the gas used was certified as 99.999% pure nitrogen.

Where can states obtain nitrogen?


Nitrogen gas can be purchased easily without a license from manufacturers, industrial suppliers or even online retailers. Nitrogen gas is used for a variety of purposes in manufacturing, welding, inflating tires and equipment calibration and maintenance. The plentiful supply is likely one reason that some states have expressed interest in the new method.

The air surrounding us is 78% nitrogen and generators can be purchased that produce high-purity nitrogen by isolating it from other gasses in the air. That could allow prison officials to get around suppliers' reluctance to provide nitrogen gas for executions.

Can companies refuse to supply the gas?


At least one major manufacturer, AirGas, which was acquired by French-owned Air Liquide, has said it will not supply gas for executions. The stance is similar to those taken by drug companies that refuse to supply lethal injection drugs.

"Since 2019, Airgas has publicly articulated its position that supplying nitrogen for the purpose of human execution is not consistent with our company values and that position has not changed. Airgas has not and will not supply nitrogen or other inert gases to induce hypoxia for the purpose of human execution," a company spokeswoman wrote in an email.

Bianca Tylek, the founder of Worth Rises, a criminal justice advocacy group, said she hopes other manufacturers follow the lead of Airgas and drug manufacturers.

She acknowledged it's harder to cut off the supply of readily available high-purity nitrogen gas, but urged companies to prohibit their products from being used in executions.

Even when supplies of lethal injection drugs were cut by manufacturers, states found workarounds such as turning to compounding pharmacies.

Will there be obstacles to nitrogen gas executions?


Activists and lawyers for people on death row will continue to fight the use of nitrogen gas for executions and legal challenges could slow things down, at least for a while.

Already, critics are seizing on witness descriptions of Smith convulsing on the gurney for several minutes to demonstrate that nitrogen gas does not provide a humane and quick death, as the state promised.

What are alabama plans?


The day after Smith's death, Alabama Attorney General Steve Marshall declared the execution a success and said the state will pursue more nitrogen executions in the future. He offered help to other states wishing to follow Alabama’s path.

But nitrogen hypoxia will not replace lethal injection in Alabama. Going forward, the state's execution method will be based on "the choice of the inmate," Marshall said.


Alabama gave inmates a brief window to select nitrogen as their preferred execution method. More than 40 people on the state's death row have selected nitrogen as their preferred method. However, there will almost certainly be litigation, citing how Smith's execution unfolded, the next time the state tries to set an execution date using nitrogen gas.

An Alabama death row inmate filed a lawsuit challenging the constitutionality of nitrogen gas executions. 

The lawsuit, which cited witness accounts of Smith shaking and writhing on the gurney, argued that Smith's execution was "a human experiment that officials botched miserably" and "cannot be allowed to be repeated." 

A federal judge has set a March hearing on a death row inmate's request to see the unredacted nitrogen execution protocol, the gas mask and other information that was disclosed to Smith's attorneys.

Source: The Associated Press, Staff, February 16, 2024

_____________________________________________________________________










SUPPORT DEATH PENALTY NEWS





Most viewed (Last 7 days)

Tennessee executes Harold Wayne Nichols

Thirty-seven years after confessing to a series of rapes and the murder of Karen Pulley, Nichols expressed remorse in final words Strapped to a gurney in the execution chamber at Riverbend Maximum Security Institution Thursday morning, Harold Wayne Nichols made a final statement.  “To the people I’ve harmed, I’m sorry,” he said, according to prison officials and media witnesses. “To my family, know that I love you. I know where I’m going to. I’m ready to go home.”

USA | Should Medical Research Regulations and Informed Consent Principles Apply to States’ Use of Experimental Execution Methods?

New drugs and med­ical treat­ments under­go rig­or­ous test­ing to ensure they are safe and effec­tive for pub­lic use. Under fed­er­al and state reg­u­la­tions, this test­ing typ­i­cal­ly involves clin­i­cal tri­als with human sub­jects, who face sig­nif­i­cant health and safe­ty risks as the first peo­ple exposed to exper­i­men­tal treat­ments. That is why the law requires them to be ful­ly informed of the poten­tial effects and give their vol­un­tary con­sent to par­tic­i­pate in trials. Yet these reg­u­la­tions have not been fol­lowed when states seek to use nov­el and untest­ed exe­cu­tion meth­ods — sub­ject­ing pris­on­ers to poten­tial­ly tor­tur­ous and uncon­sti­tu­tion­al­ly painful deaths. Some experts and advo­cates argue that states must be bound by the eth­i­cal and human rights prin­ci­ples of bio­med­ical research before using these meth­ods on prisoners.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

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.

China | Former Chinese senior banker Bai Tianhui executed for taking US$155 million in bribes

Bai is the second senior figure from Huarong to be put to death for corruption following the execution of Lai Xiaomin in 2021 China has executed a former senior banker who was found guilty of taking more than 1.1 billion yuan (US$155 million) in bribes. Bai Tianhui, the former general manager of the asset management firm China Huarong International Holdings, was executed on Tuesday after the Supreme People’s Court approved the sentence, state broadcaster CCTV reported.

Iran | Child Bride Saved from the Gallows After Blood Money Raised Through Donations, Charities

Iran Human Rights (IHRNGO); December 9, 2025: Goli Kouhkan, a 25-year-old undocumented Baluch child bride who was scheduled to be executed within weeks, has been saved from the gallows after the diya (blood money) was raised in time. According to the judiciary’s Mizan News Agency , the plaintiffs in the case of Goli Kouhkan, have agreed to forgo their right to execution as retribution. In a video, the victim’s parents are seen signing the relevant documents. Goli’s lawyer, Parand Gharahdaghi, confirmed in a social media post that the original 10 billion (approx. 100,000 euros) toman diya was reduced to 8 billion tomans (approx. 80,000 euros) and had been raised through donations and charities.

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.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Who Gets Hanged in Singapore?

Singapore’s death penalty has been in the news again.  Enshrined in law in 1975, a decade after the island split from Malaysia and became an independent state, the penalty can see people sentenced to hang for drug trafficking, murder or firearms offenses, among other crimes. Executions have often involved trafficking under the Misuse of Drugs Act, with offenses measured in grams.  Those executed have included people from low-income backgrounds and foreign nationals who are sometimes not fluent in English, according to human rights advocates such as Amnesty International and the International Drug Policy Consortium. 

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.