Alabama Judge to Decide Whether Execution by Nitrogen Gas will be Permitted

A judge in Alabama is faced with the decision of whether to allow the use of a new execution method using pure nitrogen gas. This method is being considered as an alternative to lethal injections, which have been marred by a series of botched executions in the US. However, lawyers for Kenneth Eugene Smith, who was convicted of a murder in 1988, argue that the use of nitrogen gas is cruel and unconstitutional. During the court hearing, Smith's attorney voiced concerns that the execution method could cause additional pain, which would violate the US constitution. On the other hand, the attorney general's office argued that the method is humane. The execution process would involve placing a mask over Smith's face and sealing it around his nose and mouth to replace breathable air with nitrogen, resulting in death due to lack of oxygen. Alabama's execution protocol specifies that the nitrogen should be administered for at least 15 minutes or until a flatline indication on the EKG, whichever is longer. However, a Harvard Medical School professor testified that nitrogen hypoxia could induce nausea and increase the risk of choking on vomit, as well as causing a sensation of suffocation. The attorney general's office challenged these claims, stating that they were speculative and asked for additional evidence. The final decision lies with US District Judge R Austin Huffaker Jr, and his ruling will be closely watched by other states who are considering the use of nitrogen hypoxia as an alternative execution method. Mississippi and Oklahoma are among the states that have shown interest in this method. The use of lethal injection, which is the most common execution method in states where the death penalty is legal, has faced criticism due to numerous botched attempts. Alabama's ability to effectively carry out executions via lethal injection has recently come under scrutiny after four execution attempts in the state failed since 2018, leaving inmates alive and traumatized. Kenneth Eugene Smith, whose execution attempt failed via lethal injection in November 2022, claims to have experienced severe pain during the process. Reverend Jeffrey Hood, who oversees Alabama executions, has also filed a lawsuit expressing concerns about the risks of nitrogen gas and its impact on his ability to provide spiritual support during the execution. Critics have also highlighted the potential danger to others involved in the execution process if the gas were to escape the supply hose.