25 January 2024 , 12:25
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Kenneth Smith, a 58 year old convicted murderer on Alabama's death row, is set to face the death penalty in a controversial "human experiment". His lawyers' last-ditch attempt to halt the "cruel" execution has failed.
Smith was due to be executed by lethal injection in 2022, but it was called off at the last minute when authorities couldn't connect an IV line before the midnight deadline. Now, Alabama plans to put an industrial-type respirator mask over Smith's face and replace his breathing air with pure nitrogen gas, causing him to die from lack of oxygen. This method has been slammed by human rights campaigners as a "guinea pig" experiment and there have been legal battles to stop this controversial method.
Having previously survived a botched lethal injection, Smith is understandably worried about his upcoming execution and the new method planned. He wrote: "I am worried that we have told Alabama that these risks could happen - will happen - just like we warned them last year. And they will do nothing to prevent these dangers from happening."
EXCLUSIVE:
Kenneth Smith has been on death row since 1996 (Alabama Department of Corrections)
He faces execution by nitrogen gas (BBC /ALABAMA DEPARTMENT OF CORRECTIONS)But just who is Kenneth Smith, the man who has been on death row since 1996?
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Who is Kenneth Smith?
The 58 year old man was one of two men found guilty in the 1998 contract killing of Elizabeth Sennett. Prosecutors say he and another man were each paid £1,000 to murder Sennett by her pastor husband, who was drowning in debt and wanted to cash in on her life insurance.
Elizabeth Sennett, aged 45, was discovered dead in her home in Colbert County with eight stab wounds in her chest and one on each side of her neck, according to the coroner's report. Her husband, Charles Sennett Sr., took his own life when the investigation turned towards him as a suspect, court documents reveal. John Forrest Parker, the other man convicted in the murder, was executed in 2010.
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Elizabeth Sennett, 45, was found dead on March 18, 1988, in the couple's home in Alabama's Colbert County (Find a Grave)Smith's initial conviction in 1989 was overturned. He was found guilty again in 1996. The jury recommended a life sentence by 11-1, but a judge overruled this and sentenced Smith to death. Alabama no longer permits a judge to override a jury's decision on the death penalty.
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Charles Sennett Jr, the victim's son, insisted that Smith "pay for what he has done. " He said: "And some of these people out there say, 'Well, he doesn't need to suffer like that.' Well, he didn't ask Mama how to suffer?" "They just did it. They stabbed her - multiple times."
Why did his first execution go wrong?
Smith, who has been on death row since 1996, had attempted to be executed by lethal injection in Alabama two years ago. However, the executioners were unable to find a vein before the state's death warrant expired at midnight.
An inmate lay fastened to the execution bed for nearly four hours, according to his lawyers. They were waiting to know if he would be executed.
His solicitors made a plea stating that trying to execute inmates numerous times infringes on the Eighth Amendment of the American Constitution. This law protects people from punishment that's "cruel and unusual". Nevertheless, the powers that be turned a deaf ear to his appeal. His execution was given the green light.
What is nitrogen gas?
Industrial gas cylinder with pressure gauges (Getty Images/iStockphoto)Nitrogen hypoxia is a new method of execution. It causes death by making the prisoner breathe pure nitrogen, which takes away the oxygen they require to survive.
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No major states have used this method so far. However, there are some like Alabama, Oklahoma and Mississippi, where it has now been legalised since 2018.
Some American states are exploring new ways to conduct executions as drugs currently used in lethal injections are hard to find.
How does it kill?
Nitrogen forms 78% of the air present around us. It is both odourless and colourless. It doesn't harm humans, provided there are proper levels of oxygen to go with it.
The logic behind nitrogen hypoxia is turning the air composition fully into nitrogen. The aim is to make the offender lose consciousness and then die due to an inadequate supply of oxygen.
Most of what we know about how nitrogen exposure kills people comes from industrial accidents and suicide attempts, according to medical journals.
Why is it a controversial method?
Smith's lawyers argue that the state wants to use him as a "test subject" for a new execution method. They claim the mask they plan to use isn't airtight, and oxygen could leak in. This could lead to a prolonged execution, potentially leaving Smith in a vegetative state rather than killing him. One doctor testified that the low oxygen environment could cause Smith to become nauseous and choke on his own vomit.
The United Nations Human Rights Council warned earlier this month that using this execution method could be considered torture. Similarly, the American Veterinary Medical Association stated in their 2020 euthanasia guidelines that nitrogen hypoxia might be okay for pigs under certain circumstances but not for other animals because it can cause distress.
What were the legal challenges?
Smith's lawyers fought to stop the execution. They claimed the state wanted to use the 58 year old as a "test case."
The 11th US Circuit of Appeals listened to Smith's plea on Friday to halt the execution. Smith claimed that the state's planned methods breach the ban on cruel and unusual punishment.
Smith's first exeuction was botched (Sygma via Getty Images)He also stated that Alabama violated his rights by scheduling the execution while he has ongoing appeals, and that the face mask will disrupt his ability to pray.
Smith also argued that it would break the constitutional ban on cruel and unusual punishment for the state to try a second time to execute him after he already survived one execution attempt. However, his appeal was denied.
* An AI tool was used to add an extra layer to the editing process for this story. You can report any errors to [email protected]