Alabama to Carry Out First Execution Using Nitrogen Hypoxia

Inmate Kenneth Eugene Smith's Lawyers Argue State's Execution Protocol is Flawed and Likely to Cause Extended, Painful Death

Alabama is set to carry out the first execution by nitrogen hypoxia, an untested execution method, on 58-year-old Kenneth Eugene Smith, who was sentenced to death for the 1988 murder-for-hire of Elizabeth Sennett.
Smith's lawyers have argued that the execution would make him a 'test subject' in an unproven execution method and that the state's execution protocol is flawed and likely to lead to an extended, painful death.
In November 2022, Alabama tried to execute Smith by lethal injection but abandoned the attempt after prison officials were unable to successfully place an IV line by the midnight deadline.
Following the failed execution, Alabama Gov. Kay Ivey announced a temporary moratorium on executions in the state, which was lifted in February 2023 after an internal investigation.
Smith won the right to be executed by nitrogen hypoxia in August 2023, but his lawyers reversed course in a last-minute attempt to save his life.