Skip to main content

USA | Voters divided over nitrogen gas executions

Convicted killer Kenneth Eugene Smith's agonizing death on gurney left people wary of the new punishment, our first-of-its-kind poll reveals

Voters are divided over the use of nitrogen gas in state executions, according to the first poll on the controversial method since it debuted in Alabama last month on convicted killer Kenneth Eugene Smith.

The nationwide DailyMail.com/TIPP Poll of 1,402 US adults offers no clear verdict on the execution that saw Smith breath nitrogen through a mask and die after 22 minutes - during which time he thrashed around and convulsed. 

While 39 percent of respondents said they supported the lethal gassing of Smith, a similar share — 35 percent — said they were opposed. 

Another 26 percent said they were not sure.

Results also varied widely depending on the respondent's gender, age, location and political affiliation. 

Still, the results may help policymakers in the few remaining states that carry out executions, and are considering switching over to nitrogen hypoxia, as it is known.

Smith's execution marked the first time that a new method was used in the US since lethal injection, now the most commonly used method, was introduced in 1982.

Officials in Alabama have called nitrogen 'effective and humane.'

Lawmakers in Ohio are already weighing a switch to nitrogen gas executions.

But those present described it as a 'horror show.'

Smith convulsed and writhed in the tight black straps of his gurney and appeared to be heaving and retching inside the mask, as his wife Deanna started to sob.

The UN's human rights chief Volker Türk called it a regretful and 'novel and untested method of suffocation.'

It 'may amount to torture, or cruel, inhuman or degrading treatment,' he added.

Public support for the death penalty has steadily eroded in the US for decades, over fears of botched executions, wrongful convictions, and the high share of black men who end up on death row.

Meanwhile, the number of executions has fallen. 

There were 24 executions in the US in 2023, down from the 98 in 1999, according to the Washington, DC-based Death Penalty Information Center. 

Only five states — Texas, Florida, Missouri, Oklahoma, and Alabama — executed people last year.

Most states, 29 in all, have either abolished the death penalty or paused executions by executive action.

Ohio, Nevada, and other death penalty states struggle to obtain execution drugs because European drug firms began blocking the use of their products for lethal injections.

Smith himself was set to be executed in 2022, but the lethal injection was called off at the last minute because authorities couldn't connect an IV line.

Our survey shows respondents grappling with a thorny moral question and the troubling accounts of Smith's final minutes at the William C. Holman Correctional Facility in Atmore on January 25.

Support for nitrogen gas executions was higher in the South and West of the country than in the Northeast and Midwest, our poll showed.

Younger adults were more likely to oppose the method than were those aged 25 and above.

Men were keener on the nitrogen gas death sentence than were women — 44 percent of men supported it, compared to 34 percent of women.

There were also partisan differences — nearly half of Republican voters supported the method, against 35 percent of Democrats.

Following Smith's historic execution, questions have been raised over whether the untested method is a humane solution to America's issues obtaining lethal injection drugs.

Alabama's Attorney General Steve Marshall called Smith's death 'textbook' and has vowed to continue using nitrogen gas. 

Marshall said of the 165 inmates on Alabama's death row, 43 prisoners have opted to be executed via nitrogen hypoxia over lethal injection when their time comes.

'We'll definitely have more nitrogen hypoxia executions in Alabama,' he added.




Ohio, which hasn't executed an inmate since 2018, is weighing re-introducing the death penalty following the first ever use of nitrogen hypoxia in Alabama, Attorney General Dave Yost said.

'Perhaps nitrogen — widely available and easy to manufacture — can break the impasse of unavailability of drugs for lethal injection,' Yost posted on X/Twitter.

'Death row inmates are in greater danger of dying of old age than their sentence.'

Smith was convicted of the murder-for-hire of Elizabeth Sennett, a pastor's wife who was beaten and stabbed repeatedly at her home in the north of the state in 1988.

Smith was one of two men convicted in the killing. The other, John Forrest Parker, was executed in 2010.

Prosecutors said they were each paid $1,000 to kill Sennett on behalf of her pastor husband, who was deeply in debt and wanted to collect on insurance.

The husband, Charles Sennett Sr, killed himself when the investigation focused on him as a suspect, court records show.

Source: Mail Online, James Reinl, February 11, 2024

_____________________________________________________________________










SUPPORT DEATH PENALTY NEWS





Most viewed (Last 7 days)

Gov. Mike DeWine calls for Ohio to abolish the death penalty

COLUMBUS, Ohio (WCMH) — Gov. Mike DeWine Tuesday morning called on Ohio to abolish the death penalty, citing data that he said proves it is no longer a deterrent to violent crime. “For the state to take a human life, there must, in my opinion, there must be evidence that in doing so it will help protect the public, that the threat of that action will deter someone from committing murder,” DeWine said. “I do not believe that argument today can be successfully made.” DeWine cited data showing a decline in the last four decades of executions being carried out and an increase in the time inmates spend on death row.

I watched Ohio's last execution. Here's what it was like

As Gov. DeWine calls for Ohio to end capital punishment, the state’s last execution remains the one I witnessed in 2018 Inside Ohio's death house, there is a room for executions and separate witness rooms: one for those connected to the victim and another for those connected to the inmate. Windows separate the death chamber from those watching, the condemned from the living. I was there on July 18, 2018 – during Ohio’s most recent execution. Robert Van Hook was put to death that day for killing David Self in 1985. He sat on death row for three decades. I was one of three media witnesses to the execution.

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.

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...

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.

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. 

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.

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. 

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.