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A sign for Holman Correctional Facility in Alabama Kim Chandler, AP

Alabama executes man with nitrogen gas using controversial method for the first time

The state said the method would be humane, but critics called it cruel and experimental.

ALABAMA HAS EXECUTED a convicted murderer with nitrogen gas, putting him to death with a new method that once again put the US at the forefront of the debate over capital punishment.

The state said the method would be humane, but critics called it cruel and experimental.

Officials said Kenneth Eugene Smith, 58, was pronounced dead at 8:25pm at an Alabama prison after breathing pure nitrogen gas through a face mask to cause oxygen deprivation.

It marked the first time that a new execution method has been used in the United States since lethal injection, now the most commonly used method, was introduced in 1982.

The execution took about 22 minutes, and Smith appeared to remain conscious for several minutes.

For at least two minutes, he appeared to shake and writhe on the gurney, sometimes pulling against the restraints. That was followed by several minutes of heavy breathing, until breathing was no longer perceptible.

In a final statement, Smith said: “Tonight Alabama causes humanity to take a step backwards. … I’m leaving with love, peace and light.”

He made the “I love you sign” with his hands toward family members who were witnesses. “Thank you for supporting me. Love, love all of you,” Smith said.

The state had previously attempted to execute Smith, who was convicted of a 1988 murder-for-hire, in 2022, but the lethal injection was called off at the last minute because authorities couldn’t connect an IV line.

The execution came after a last-minute legal battle in which Smith’s attorneys contended the state was making him the test subject for an experimental execution method.

Federal courts rejected Smith’s bid to block it, with the latest ruling coming Thursday night from the US Supreme Court.

embedded7262e89104194419b78e1fc5d514a88d Anti-death penalty activists place signs along the road heading to Holman Correctional Facility Alabama ahead of the scheduled execution of Kenneth Eugene Smith AP AP

Justice Sonia Sotomayor, who along with two other liberal justices dissented, wrote: “Having failed to kill Smith on its first attempt, Alabama has selected him as its ‘guinea pig’ to test a method of execution never attempted before. The world is watching.”

The majority justices did not issue any statements.

In a statement issued before he was put to death, Smith and the reverend Jeff Hood, his spiritual adviser, said, “The eyes of the world are on this impending moral apocalypse. Our prayer is that people will not turn their heads. We simply cannot normalize the suffocation of each other.”

The state had predicted the nitrogen gas would cause unconsciousness within seconds and death within minutes.

A state attorney told the 11th circuit court of appeals that it will be “the most painless and humane method of execution known to man.”

But some doctors and organisations have raised alarm, and Smith’s attorneys had asked the Supreme Court to halt the execution to review claims that the method violates the constitutional ban on cruel and unusual punishment and deserves more legal scrutiny before it is used on a person.

“There is little research regarding death by nitrogen hypoxia. When the State is considering using a novel form of execution that has never been attempted anywhere, the public has an interest in ensuring the State has researched the method adequately and established procedures to minimize the pain and suffering of the condemned person,” Smith’s attorneys wrote.

In her dissent, Sotomayor wrote that Alabama has shrouded its execution protocol in secrecy, releasing only a heavily redacted version.

She also said Smith should be allowed to obtain evidence about the execution protocol and to proceed with his legal challenge.

“That information is important not only to Smith, who has an extra reason to fear the gurney, but to anyone the State seeks to execute after him using this novel method,” Sotomayor wrote.

“Twice now this Court has ignored Smith’s warning that Alabama will subject him to an unconstitutional risk of pain,” she wrote. “I sincerely hope that he is not proven correct a second time.”

Justice Elena Kagan wrote a separate dissent and was joined by justice Ketanji Brown Jackson.

In his final hours, Smith met with family members and his spiritual adviser, according to a prison spokesperson.

He ate a last meal of T-bone steak, hash browns, toast and eggs slathered in A1 steak sauce, reverend Hood said by telephone before the execution was carried out.

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124 Comments
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    Mute David Sheridan
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    Jan 28th 2012, 9:24 AM

    That can’t be right? Only 620 Irish millionaires? That tells me that the vast majority of millionaires are under the radar and therefore paying less than 30% income tax if any!

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    Mute hjGfIgAq
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    Jan 28th 2012, 9:31 AM

    Yep, just 620 apparently. It was over 1,000 in around 2007/2008 but has dropped dramatically cos of the recession. My possibly dodgy attempt at early-morning maths tells me that that means 0.1% of the Irish population is a millionaire.

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    Mute David Sheridan
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    Jan 28th 2012, 9:42 AM

    Christine,according to this there was 20,400 Irish millionaires in 2007?
    http://www.independent.ie/national-news/number-of-irish-millionaires-soars-2230552.html

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    Mute hjGfIgAq
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    Jan 28th 2012, 9:53 AM

    Yeah, I’d be a tad wary of that figure because it comes from a private company. The 620 figure came from Michael Noonan so it’s Department of Finance figures for the number of millionaires in Ireland which is more reliable.

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    Mute Stephen Doyle
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    Jan 28th 2012, 9:57 AM

    Lol department of finance having reliable figures, good one

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    Mute Gill Jones
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    Jan 28th 2012, 1:24 PM

    Christine you’ll have to give your self comment of the week for the Noonan & Dept of finance gag!! Classic

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    Mute Sheila Murphy
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    Jan 28th 2012, 2:28 PM

    lol Stephen Doyle; they’ve probably lost 3.6 of them ;-)

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    Mute Chris Mcdonnell
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    Jan 28th 2012, 10:09 AM

    Noonan reliable and figures are not three words that go together in any sentance.
    The man tells jokes and like most jokes he makes them up to suit himself.
    Des bishop had more chance of getting finance figures right than that clown noonan. Any figures noonan give are all from the Cardiff school of accounting and should be treated as the nonsense they are

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    Mute Anthony O Donnell
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    Jan 28th 2012, 11:05 AM

    I am a billionaire and don’t pay any taxes at all ,pathetic little millionaires , bloody peasants were stealing from my bins again last night ,i let the hounds loose it was great sport to see them running after the peasants up my mile long drive, great exercise for them.

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    Mute Stephen Doyle
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    Jan 28th 2012, 9:49 AM

    #EXPLOSIVES see the gardai are investing in new explosives, makes a change from investigating i suppose

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    Mute Nicola Coffey
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    Jan 28th 2012, 12:56 PM

    Very glad that over two hundred Divers have/are travelling to Cork to help recovery of the two remaining fishermen. I hope it works, to give those families some closure on this dreadful tragedy.

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    Mute Jenn Kirby
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    Jan 28th 2012, 10:11 AM

    #MILLIONAIRES A small thing but… if 42 percent of millionaires pay more than 30 percent tax, then 58 percent pay less than 30 percent tax. So it’s not “Almost half of Ireland’s millionaires pay less than 30 per cent income tax” it’s more than half of Ireland’s millionaires…

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    Mute Martin Mullen
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    Jan 28th 2012, 10:29 AM

    There’s a big difference between millionaires in terms of income earned, and millionaires in terms of property owned/inherited. Could this explain the difference?

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    Mute David Sheridan
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    Jan 28th 2012, 11:47 AM

    Ah I think you have a point there Martin. I imagine that the national lottery alone, create at a guess, 50ish millionaires a year and that’s tax free..

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    Mute Kerryspirit Chris
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    Jan 28th 2012, 7:18 PM

    I just read that and thought it should be the cover of The Journal…so brillian!!
    https://www.facebook.com/photo.php?fbid=219635911459662&set=a.142394652517122.31257.142390589184195&type=1&theater

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    Mute Myles Tierney
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    Jan 28th 2012, 1:51 PM

    How many of those 600 plus millionaires actually reside full time in Ireland?

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    Mute Fingal
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    Jan 28th 2012, 1:52 PM

    Re the contraband found in prisons can someone tell me why they dont just bring in screening between visitors and prisoners?

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