Federal judge calls for revision of first nitrogen hypoxia execution
Federal Judge Urges Change to Execution Procedure, Allowing Inmate to Speak Before Gas Mask is Secured
A federal judge in Alabama is pushing for a modification to the process of the nation’s first execution using nitrogen hypoxia. Kenneth Eugene Smith, convicted of the 1988 murder-for-hire killing of Elizabeth Sennett, may be allowed to deliver his last words before a gas mask is placed on his face, according to a report.
Request for Stay of Execution
U.S. District Judge R. Austin Huffaker has proposed this change in a court order and has set a deadline of December 29 for gathering information before making a ruling on Smith’s request for a stay of execution.
If the execution proceeds, Smith will become the first inmate in Alabama to be put to death using nitrogen gas on January 25.
Painless Procedure
Nitrogen, which makes up about 78% of the air we breathe, can be lethal when inhaled in pure form. Experts believe that this method of execution is painless.
Constitutional and Religious Concerns
Smith’s attorneys have raised objections to the execution method, citing constitutional and religious reasons. They argue that the gas mask will hinder his ability to pray and make a final statement.
“The Court encourages the Defendants to consider altering the protocol to accommodate Plaintiff Smith’s desire to pray audibly and give his final statement without being masked and with witnesses present prior to his planned execution,” stated Huffaker during the hearing.
It is important to note that Huffaker’s suggestion does not indicate how he will ultimately rule on Smith’s request for an injunction.
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