A divided Alabama Supreme Court has said that Alabama can execute an inmate with nitrogen gas, a method that has not previously been used carry out a death sentence
A divided Alabama Supreme Court on Wednesday said the state can execute an inmate with nitrogen gas, a method that has not previously been used carry out a death sentence. The all-Republican court in a 6-2 decision granted the state attorney general's request for an execution warrant for Kenneth Eugene Smith. The order did not specify the execution method, but the Alabama attorney general indicated in filings with the court that it intends to use nitrogen to put Smith to death.
“The state seeks to make Mr. Smith the test subject for the first ever attempted execution by an untested and only recently released protocol for executing condemned people by the novel method of nitrogen hypoxia,” Smith’s attorneys wrote in a September court filing. Under the proposed method, the inmate would be forced to breathe only nitrogen, depriving them of oxygen needed to maintain bodily functions and causing them to die.
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