US Supreme Court refuses to halt first-ever nitrogen gas execution of Alabama inmate
Kenneth Smith
The US Supreme Court on Wednesday (Jan 24) declined to haltthe execution of convicted criminalKenneth Eugene Smith, paving the way for the state of Alabama to use nitrogen gas to carry out the death penalty for the first time in the country.
Smith, currently holed up at theHolman Correctional Facility, survived the state's attempt to put him to death by lethal injectionnearly 14 months ago. However, the apex court denied Smith's request to stay the second execution attempt, scheduled for Thursday (Jan 25).
Apart from refusing to halt the proceedings, the court also declined to hear his legal challenge contending that the second execution attemptviolated the US Constitution's Eighth Amendment protections against cruel and unusual punishment.
Last week, in an interview, Smith claimed he had severe trauma due to the botched execution attempt.
“I dream that they’re coming to get me. They haven’t given me a chance to heal. I’m still suffering from the first execution and now we’re doing this again. They won’t let me even have post-traumatic stress disorder – you know, this is ongoing stress disorder,” Smith told The Guardian.
“I am not ready for that [execution]. Not in no kind of way. I’m just not ready, brother,” he added.
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Smith's attorneyshave argued that in 2020, the American Veterinary Medical Association in its euthanasia guidelines cleared nitrogen hypoxia only for pigs. For other mammals, it said, nitrogen hypoxia could create an "anoxic environment that is distressing for some species".
Watch | Gravitas: US botched 35% of execution attempts this year
How will Smith be executed?
Smith will be taken to an execution chamber on Thursday where he will be strapped to the gurney. According to court documents, the state will place a mask on him to deliver nitrogen.
The "Type-C full facepiece respirator-type face mask" will cut off Smith's oxygen supply and replace it with nitrogen. This will cause him to die due to lack of oxygen. Notably, the gas will be delivered for at least 15 minutes or "five minutes following a flatline indication on the Electrocardiogram (EKG)".
Who is Kenneth Smith?
Smith, 58,is a murderer-for-hire who wassentenced to death for the 1988 killing of a preacher's wife. In 1996, he was convicted of capital murder with the jury recommending he be given life in prison without the possibility of parole.
Later, the judge overrode the jury's recommendation and sentenced him to death by electrocution.Smith's accomplice in the murder was also convicted and sentenced to death,with the execution carried out in 2010.
(With inputs from agencies)