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Advocacy groups have criticized a federal judge’s ruling to permit the use of nitrogen gas for the execution of an Alabama death row inmate. This would be the first instance of such a method being implemented globally.
Attorneys representing Kenneth Eugene Smith argue that the scheduled execution, occurring between January 25th and 26th, violates his rights protected by the constitution.
In 1988, 45-year-old Elizabeth Sennett was murdered and in 1996, Smith, aged 58, was found guilty of capital murder for his involvement. He worked with one other person to plan and carry out the murder of the pastor’s wife. According to prosecutors, he received $1,000 as payment for the crime.
The jury voted 11 to 1 in favor of sentencing Smith to life in prison without the possibility of parole, but the presiding judge ultimately gave him the death penalty. Alabama has since eliminated the ability of judges to overturn a jury’s decision.
For thirty years, Smith has been waiting on death row. In 2022, authorities tried to carry out his execution by using a deadly injection, but the attempt failed because the people giving him the drugs were unable to insert the IV lines correctly.
The third execution in a row was unsuccessful due to the inability of officials to effectively restrain the prisoners.
In the beginning of this month, the United Nations showed worry about the choice to carry out Smith’s execution using a method that has not been tried before.
The United Nations expressed worry that using nitrogen hypoxia as a method of execution could lead to a death that is both painful and humiliating. They also stated that this type of execution may violate the 8th Amendment, which prohibits cruel and unusual punishment.
Mississippi and Oklahoma have both approved the use of nitrogen hypoxia for carrying out executions.
Robin Maher, the executive director of the Death Penalty Information Center, stated that there are numerous unresolved inquiries surrounding this protocol. They believe that there are valid worries that Smith may experience a harsh and agonizing death, potentially putting others at risk in the execution chamber.
In a November appeal, Smith’s lawyers contended that the technique could result in serious and lasting harm, such as a persistent vegetative state, stroke, or a sensation of suffocation.
Unfortunately, Judge R Austin Huffaker of the US District Court rejected the appeal on Wednesday, stating that Smith was not promised a painless death. Smith’s legal team intends to challenge this ruling, potentially bringing the case to the US Supreme Court.
The judge’s ruling was condemned by the Equal Justice Initiative, an organization focused on ending mass incarceration. They stated that it was unprecedented for the state to attempt a second execution on an individual.
The group released a statement condemning Alabama’s plan as inhumane and unnecessary experimentation on humans, which goes against the principles of a fair and compassionate society.
“Alabama’s decision to execute Kenny Smith not only endangers lives, but also undermines the credibility and integrity of its legal system.”
Source: independent.co.uk
