Alabama Attorney General Steve Marshall has defended the state’s use of nitrogen gas in executions, despite concerns raised by witnesses that an inmate experienced distress during the procedure. Kenneth Eugene Smith was the first person executed in the United States using nitrogen gas, a method that administers pure nitrogen through a mask, depriving the individual of oxygen. While Marshall claimed that the execution was “textbook,” witnesses reported that Smith remained conscious for several minutes and thrashed on the gurney before eventually dying.
Controversial Execution Method
The execution, which lasted approximately 30 minutes, is drawing scrutiny due to Smith’s apparent physical reaction. Media witnesses stated that Smith appeared to shake and writhe on the gurney for two minutes before his breathing slowed and eventually stopped. The state had argued that nitrogen hypoxia causes unconsciousness within seconds and death within minutes, but witnesses’ accounts contradict this claim.
Mixed Reactions and Concerns
Criticism of the execution has poured in from civil rights and religious groups both nationally and globally. United Nations human rights experts have expressed concern that the use of nitrogen gas constitutes a violation of the prohibition on torture. Smith’s spiritual adviser, Reverend Jeff Hood, was deeply disturbed by the distressing nature of the procedure and compared it to suffocating someone with a plastic bag. Dr. Joel Zivot, a physician and anesthesiology professor, emphasized the risks and uncertainties surrounding nitrogen hypoxia, suggesting that the execution did not go as planned.
Future Implications
Despite the controversy surrounding Smith’s execution, Marshall remains committed to using nitrogen gas as an execution method. Moreover, 43 other inmates on Alabama’s death row have chosen nitrogen hypoxia as their preferred method of execution. With lethal injections becoming increasingly difficult due to drug shortages, nitrogen gas may become a viable alternative for many states. Mississippi and Oklahoma have already approved nitrogen hypoxia, and Alabama’s experience may pave the way for its adoption elsewhere.
The Search for Alternatives
The use of nitrogen hypoxia could have significant implications beyond Alabama. Nebraska State Senator Loren Lippincott has introduced a bill to make nitrogen hypoxia an additional execution option for death row inmates in his state. The hope is that this method will provide a more humane alternative, especially in cases where lethal injection drugs are unavailable. Oklahoma is also keenly observing Alabama’s progress with nitrogen hypoxia, as it could potentially relieve the burden of acquiring the necessary drugs for their current protocol.
While the first use of nitrogen gas in an execution has generated controversy and concern, its potential as an alternative method cannot be overlooked. As the debate continues, it remains to be seen how this untested execution method will fare in the court of public opinion and within the legal system.
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