Smith, Kenneth (1988 Murder)

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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