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    Was Alabama’s Nitrogen Execution ‘Textbook’ or Botched? Sides Are Divided.

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    Alabama officials said the nation’s first nitrogen gas execution was a model for other states. Critics called it appalling and far from what the state promised.A day after Alabama became the first state to execute a prisoner with nitrogen gas, officials vowed on Friday to continue using the method in executions despite witnesses’ accounts that the prisoner writhed on the gurney for at least two minutes.Two very different accounts of the execution emerged from the state’s death chamber in Atmore, Ala., where the state executed Kenneth Smith, 58, on Thursday night.The state’s attorney general, Steve Marshall, called it a “textbook” execution that had made nitrogen hypoxia, as the process is known, a “proven” method that other states could emulate.“Alabama has done it, and now so can you,” Mr. Marshall said, addressing his counterparts across the country. “And we stand ready to assist you in implementing this method in your states.”Meanwhile, Mr. Smith’s spiritual adviser and reporters who also witnessed the execution described an intense reaction in which Mr. Smith violently shook and writhed as the gas was administered, began breathing heavily and, finally, stopped moving.The descriptions were at odds with what the state had promised in court papers: that the untested method of using nitrogen gas through a face mask would “rapidly lower the oxygen level in the mask, ensuring unconsciousness in seconds.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      What to Know About the Execution of Kenneth Smith in Alabama

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      Kenneth Eugene Smith was put to death by nitrogen gas on Thursday night, the first time the method was used in capital punishment in the U.S.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.Here are a few things to know about the case.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. Sennett’s 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.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Supreme Court Declines to Stop Nitrogen Execution in Alabama

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      Both the Supreme Court and a federal appeals court denied stays sought by Kenneth Smith, who is scheduled to die on Thursday in the nation’s first nitrogen gas execution.The U.S. Supreme Court and a federal appeals court each declined on Wednesday to intervene to stop Alabama from conducting the nation’s first-ever execution by nitrogen gas, putting the state on track to use the novel method to kill a death row prisoner.Alabama plans to use nitrogen gas to kill Kenneth Smith, who was convicted of a 1988 murder, after the state botched its previous attempt to execute him by lethal injection in November 2022. Barring any additional legal interventions, prison officials plan to bring him to the execution chamber in Atmore, Ala., on Thursday evening, place a mask on his face and pump nitrogen into it, depriving him of oxygen until he dies.The Supreme Court declined to intervene in Mr. Smith’s appeal of a state court case, in which his lawyers had argued that the second execution attempt would violate his Eighth Amendment right to be free from cruel and unusual punishments. The court’s order did not include an explanation or note any dissents.Hours later, in response to a separate challenge by Mr. Smith’s lawyers, a federal appeals court also declined to halt the execution over the dissent of one of the three judges who had heard the case. Mr. Smith’s lawyers said they would also appeal that case to the Supreme Court, potentially giving the justices another chance to intervene, though they have been reluctant to do so in last-minute death penalty appeals in recent years.Nitrogen gas has been used in assisted suicide in Europe and elsewhere, and the state’s lawyers contend that the method — known as nitrogen hypoxia — is painless and will quickly cause Mr. Smith to lose consciousness before he dies.But Mr. Smith and his lawyers have said they fear the state’s newly created protocol is not sufficient to prevent problems that could cause Mr. Smith severe suffering. The lawyers said in court papers that if the mask were a poor fit, it could allow oxygen in and prolong Mr. Smith’s suffering, or if he becomes nauseous, he could be “left to choke on his own vomit.”The execution is scheduled to take place around 6 p.m. Central time at the William C. Holman Correctional Facility, though it could be carried out any time until 6 a.m. the next morning. Mr. Smith has recently reported feeling increasingly nauseous as his anxiety grows about the looming execution, raising his lawyers’ fears about a mishap during the execution. Alabama prison officials said this week that they do not plan to allow him to have any food after 10 a.m. on Thursday in an effort to lower the likelihood that he vomits.Abbie VanSickle More

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      Dutch Pro-Farmer Party Sweeps Elections, Upsetting the Status Quo

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      The surprise victory is widely seen as a protest vote against Prime Minister Mark Rutte’s government and some of his policies, including a goal to slash nitrogen emissions, which many say will imperil farming operations.A small pro-farmers party has swept provincial elections in the Netherlands to become the biggest in the Senate by channeling wide dissatisfaction with the Dutch government, in a sharp challenge to Prime Minister Mark Rutte’s administration.The results put the party, the Farmer Citizen Movement, which has fewer than 11,000 members, according to its website, on track to become a major player in a government body that approves or rejects legislation that comes out of the House of Representatives.Some Dutch voters said they viewed the party’s success as a victory against the country’s elites as well as the government. They said it showed support for the preservation of rural life in the Netherlands and the farming economy, in particular, though voters from all parts of the country, including suburban areas, supported the party.But the victory could make it difficult for Mr. Rutte’s government to pass a strict law to cut nitrogen emissions in the Netherlands by 50 percent by 2030, to fight climate change and place it in line with European Union requirements to preserve nature reserves. The prime minister’s party, which does not have a majority in the Senate or the House, needs a coalition vote to pass laws.The pro-farmers party, known by its Dutch acronym BBB, opposes the plan, saying it could imperil farmers’ operations in a country renowned for its agricultural industry. To reach the government’s emission-reduction goals, thousands of farmers would have to significantly reduce the number of their livestock and the size of their operations, farmers and their supporters say. If they cannot help meet the government’s target, they may have to close down their operations altogether, they say.Mr. Rutte, who is not up for election for a few more years and is one of Europe’s longest-serving leaders, having been elected in 2010, called the results a “scream at politics,” according to the Dutch wire service ANP.Caroline van der Plas, the co-founder and leader of BBB, said after the vote: “They already couldn’t ignore us. But now, they definitely can’t.”Ben Apeldoorn, a dairy farmer in the Utrecht Province who voted for the pro-farmers party, said the win felt like “a victory of the common man over the elite.”“I’m pleasantly surprised,” he said. “As farmers, we felt abandoned by the political society.”The Farmer Citizen Movement did not exist until four years ago. The party, which had zero seats going into the election, won at least 16 in the 75-seat Senate, according to exit polls and projections. A bloc formed by left-of-center Labor and Green parties had 15 seats, local news reports said. (BBB holds one seat in the 150-member House of Representatives.)Now, BBB, which presents itself as a party of the countryside, appears to be on track to become the largest party in all but one province, according to the Dutch public broadcaster NOS. Vote counting was still wrapping up late Thursday night.Prime Minister Mark Rutte in Den Bosch, the Netherlands, on Wednesday, called the election results a “scream at politics.”Robin Van Lonkhuijsen/EPA, via ShutterstockIn Dutch provincial elections, held every four years, voters choose the lawmakers for the country’s 12 provinces, who then pick members of the Senate, which will be done in May. With BBB’s victory, the fate of the government’s plan to drastically cut nitrogen emissions is in question.Bart Kemp, the chairman of Agractie, a farmers interest group founded in 2019, says the party’s victory means “the Netherlands has taken a big step toward being more reasonable.” He added, “The government has unrealistic plans.”Research from 2019 shows that the Netherlands produces, on average, four times as much nitrogen as other European countries. The agricultural industry is responsible for the largest share of nitrogen emissions in the country, much of it from the waste produced by the estimated 1.6 million cows that provide the milk used to make the country’s famed cheeses, like Gouda and Edam.Scientists have long sounded the alarm about the urgent global need to reduce harmful emissions. Too much nitrogen acidifies the ground, which reduces the amount of nutrients for plants and trees. That, in turn, means that fewer kinds of plants can grow together. Nitrogen emissions also cause less fungus in the ground, which makes it more vulnerable to extreme weather such as drought or rain.Excess nitrogen in the ocean can also help create conditions in which vital organisms cannot survive.The nitrogen-reduction plan led to nationwide protests last year, with people burning manure and hay bales and hanging upside-down flags along highways.Police officers used a water cannon on environmental activists protesting against tax breaks for fossil fuel use in The Hague this month.Piroschka Van De Wouw/ReutersChristianne van der Wal, the minister for nature and nitrogen in Mr. Rutte’s government and a member of his People’s Party for Freedom and Democracy, acknowledged that many Dutch residents were against the government’s nitrogen emissions plan.“We’ve known that for a long time,” she said, calling it a complicated issue that would have a major effect on people’s lives. But, she added, “at the same time, there’s no choice.”Farmers say they have always followed the rules, trying to find innovative and more sustainable ways of producing and ensuring safe and high-quality food. They say the government’s plan, which includes the possibility of forced buyouts, made them feel unwanted.“Everyone in the Netherlands cares about nature, including farmers,” said Ms. van der Plas, who occupies BBB’s only seat in the House. The Netherlands simply has to follow European rules for preserving its nature preserves, she added, even though the bloc has not stipulated how exactly to do so.A Dutch dairy farmer in Oldetrijne, in the Friesland Province, on Wednesday. Farmers say they may have to reduce their livestock under the government’s emissions-reduction plan.Piroschka Van De Wouw/ReutersWhether the government’s proposal will come up for a vote in its current form in the Senate is unclear.Ms. van der Wal, the nitrogen minister, said it was up to the provinces to find policies to prepare for the reduction of nitrogen emissions.“All parties, left or right, pro- or anti- the nitrogen approach, have plans for their provinces: the building of houses or energy transition,” she said through a spokesperson.“But without the reduction of nitrogen emissions,” she said, “that simply won’t be possible.” More