Fears cruel toxic gas executions in US will spread after Kenneth Smith's death

10 February 2024 , 08:00

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Kenneth Smith was put to death by toxic gas following an execution at Alabama's Holman Correctional Facility on January 25

A human rights expert fears the controversial execution of Kenneth Smith may lead to more US states using nitrogen gas as a means to kill inmates on death row.

The 58-year-old became the first-ever inmate in the USA to be put to death by toxic gas following an execution at Alabama's Holman Correctional Facility on January 25. Smith, who had been on death row since 1989 after being convicted of murdering Elizabeth Sennett, took 22 minutes to die and looked like a "fish out of water", according to witnesses, minutes before he was confirmed dead.

Professor Jon Yorke, Director of the Centre for Human Rights at Birmingham City University, described the method of execution as a "bad day for humanity" before adding it was untested and inhumane. “It looks like Alabama has created a system in which they'll be able to kill people in 20 to 40 minutes, from the beginning to the end of the process,” said Professor Yorke.

“So has Alabama reduced the time frame for executions? Yes. Has Alabama been able to validate the pain someone will feel when they are being executed by nitrogen gas? No.

“The fear I have is that this will open up the door for America to advance this method of execution so more states will use it to kill more of the population on death row.”

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Kenneth Eugene Smith was put to death for the 1988 murder-for-hire slaying of a preacher's wife (AP)

Officials said Smith "held his breath for as long as possible" before "shaking and writhing for two minutes" after the toxic gas was administered. Moments beforehand, the killer said in his final statement: "Tonight Alabama caused humanity to take a step backward. I am leaving with love, peace and light - thank you for supporting me. I love all of you."

Professor Yorke previously worked with Dr Joel Zivot, an anaesthesiologist and surgeon at Emory University School of Medicine in Atlanta, with the pair bringing Smith’s case to the attention of the UN in November 2023. Smith survived a botched lethal injection attempt in 2022 and Professor Yorke believes the killer should not have been put to death using toxic gas.

“I feel extremely sad for the family of Elizabeth Sennett,” said Professor Yorke. “No one should ever experience the pain of a family member being murdered. It’s absolutely unimaginable.

“But the state is creating new victims of a homicide, at the hands of the Department of Corrections. These victims are the family and friends of Kenny. The people who witnessed his horrific execution have also become victims. What they witnessed will stay with them for the rest of their lives.”

Professor Jon Yorke described the method of execution as a 'ad day for humanity' (Getty Images/Image Source)

Capital punishment is currently legal in 27 of the 50 US states - and almost 1,600 executions have been carried out since 1976. Lethal injection has been the most common form of execution method for the past 40 years. But this has run into issues after dozens of US and European pharmaceutical manufacturers blocked the supply of their drugs for capital punishment.

“Even if a government can create a safe way to kill people, I don't trust legal systems enough to always guarantee that the right people are punished,” added Professor Yorke, who says he will continue advocating for the abolition of the death penalty, not just in the US but around the world. He added: "Governments are supposed to treat even the worst people humanely in order to teach society that you don't react in a horrible way when people do bad things. The more governments execute people, the more it brutalises society.”

Sam Truelove