The United States saw its first execution carried out with pure nitrogen, marking a historic, though controversial, moment in capital punishment. Local news outlets in Alabama reported on the event, which unfolded in Atmore.
Kenneth Smith, age 58, had been sentenced for the premeditated murder of a woman in 1988. Authorities stated that he was pronounced dead after the nitrogen-based procedure, as confirmed by the governor. The case drew attention not only for the method itself but for the surrounding legal and ethical questions that accompanied its use.
Officials emphasized that the choice of nitrogen was tied to the convict’s physiological profile and the practical realities of drug shortages in the United States. In November 2022, an earlier attempt to execute Smith by conventional lethal injection failed because the medical team could not access a suitable vein, illustrating the broader challenges faced by death penalty protocols amid supply constraints and evolving medical guidance.
For the execution, Smith remained motionless and was fitted with a mask that delivered pure nitrogen. The gas displaces oxygen in the body, inducing hypoxia and inevitable death. Alabama approved nitrogen as a method of execution in 2018 as a workaround to the shortage of lethal injection drugs, though other states such as Mississippi and Oklahoma have not adopted this approach.
State officials described the nitrogen method as akin to euthanasia practices used in various parts of the world, asserting that it offers a humane alternative given circumstances that can complicate other methods. However, Smith’s defense lawyers alleged that the authorities lacked the necessary equipment to perform such an execution safely, warning that an oversized mask could restrict oxygen flow and subject the prisoner to avoidable distress. They argued that pursuing a second attempt would constitute a constitutional violation of cruel and unusual punishment. The appellate court rejected these petitions, leaving the procedure to proceed as planned.
Smith’s case featured a striking procedural nuance: the jury had originally voted 11-11 on whether to impose life imprisonment, a tie that, under then-applicable rules, could lead to a life sentence without execution. The presiding judge overrode the verdict and imposed the death penalty. Although the state later changed the authority structure that allowed judges to override juries, Smith’s conviction remained in effect because he had been convicted before those reforms took hold.
Experts have discussed what a person might experience during nitrogen-induced death, highlighting the abrupt transition from breath to rapid loss of consciousness and the potential human impact of such an approach. These assessments contribute to ongoing debates about the ethics, legality, and practicality of nitrogen as a replacement for traditional lethal injection, especially in contexts where medical procurement and resource constraints influence policy decisions.