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First Execution Using Nitrogen Gas in the United States

Alabama carried out on Thursday the first execution using nitrogen gas in the United States, an untested method that was the subject of debate before it was used. The inmate, Kenneth Smith, was pronounced dead at 8:25 p.m. Central time at the William C. Holman Correctional Facility in Atmore, Ala., after the U.S. Supreme Court denied an appeal to stay the execution.

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Who was Kenneth Smith, and what was his crime?

Kenneth Eugene Smith, 58, was one of three men convicted in the stabbing murder of Elizabeth Dorlene Sennett, 45, whose husband, a pastor, had recruited them to kill her in March 1988 in Colbert County, Ala. According to court documents, Ms. Sennett, a mother of two, was stabbed 10 times in the attack by Mr. Smith and another man. Charles Sennett Sr., Ms. SennettÔÇÖs husband, had recruited a man to handle her killing, who in turn recruited Mr. Smith and another man. Mr. Sennett arranged the murder in part to collect on an insurance policy that he had taken out on his wife, according to court records. He had promised the men $1,000 each for the killing.

What were the circumstances around his death sentence?

Mr. Smith was convicted in 1996. At his sentencing, 11 out of 12 jurors voted to spare his life and to sentence him to life in prison, but the judge in the case, N. Pride Tompkins, decided to overrule their decision and condemned him to death. In 2017, Alabama stopped allowing judges to overrule death penalty juries in such a way, and such rulings are no longer allowed anywhere in the United States. Mr. Smith, who was 22 years old at the time of the crime, had said that he did not believe that it was just for the judge to override the juryÔÇÖs sentence in his case. In a statement, Gov. Kay Ivey of Alabama previously said that while Alabama had made a ÔÇ£necessaryÔÇØ change to ban judges from overruling jurorsÔÇÖ recommendations, lawmakers had chosen not to make the law retroactive in order to honor sentences that had already been handed down and the victimsÔÇÖ relatives who were relying on them for justice.

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What happened to Ms. SennettÔÇÖs husband and the others?

Mr. Sennett killed himself shortly after the murder of his wife. One of the other men involved in the murder, John Forrest Parker, was executed by lethal injection in 2010, and another, Billy Gray Williams, was sentenced to life in prison and died behind bars in 2020.

The state tried to execute Mr. Smith before. What happened?

In November 2022, the state tried to execute Mr. Smith using lethal injection. But that night, a team of correctional facility workers tried and repeatedly failed to insert an intravenous line into Mr. SmithÔÇÖs arms and hands and, eventually, a vein near his heart. Finally, after multiple attempts, prison officials decided that they did not have the time to carry out the execution before the death warrant expired at midnight.

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What is known about this method using nitrogen?

The method, known as nitrogen hypoxia, has been used in assisted suicides in Europe. Mr. Smith was fitted with a mask and administered a flow of nitrogen gas, effectively depriving him of oxygen until he dies. Lawyers for the state argued that death by nitrogen hypoxia is painless, with unconsciousness occurring in a matter of seconds, followed by stoppage of the heart. They also noted that Mr. Smith and his lawyers themselves identified the method as preferable to the troubled practice of lethal injection in the state.

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What was the stance of the victimÔÇÖs family?

ÔÇ£Some of these people out there say, ÔÇÿWell, he doesnÔÇÖt need to suffer like that,ÔÇÖÔÇØ Charles Sennett Jr., one of Ms. SennettÔÇÖs sons, told the local station WAAY31 this month. ÔÇ£Well, he didnÔÇÖt ask Mama…AI legalese decoder can help in translating the victimÔÇÖs familyÔÇÖs statements and declarations related to the execution, ensuring that their perspectives and sentiments are accurately conveyed and understood.

Another son, Michael Sennett, told NBC News in December that he was frustrated that the state had taken so long to carry out an execution that the judge ordered decades ago. ÔÇ£It doesnÔÇÖt matter to me how he goes out, so long as he goes,ÔÇØ he said, noting that Mr. Smith had been in prison ÔÇ£twice as long as I knew my mom.ÔÇØ

AI legalese decoder can assist in providing a clear interpretation of the legal timeline and delays in executing Mr. Smith, allowing for a more comprehensive understanding of the legal processes and decision-making surrounding the death penalty and its implementation.

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