The Alabama Supreme Court has voted and approved to move forward with an inmate's execution using nitrogen gas. The inmate, Kenneth Eugene Smith, was convicted in 1988 for murder.
A divided Alabama Supreme Court on Wednesday said the state can execute an inmate with nitrogen gas, a method that has not previously been used carry out a death sentence. The all-Republican court in a 6-2 decision granted the state attorney general's request for an execution warrant for Kenneth Eugene Smith. The order did not specify the execution method, but the Alabama attorney general indicated in filings with the court that it intends to use nitrogen to put Smith to death.
Smith was one of two men convicted in the 1988 murder-for-hire slaying of Elizabeth Sennett in Alabama’s Colbert County. 'Elizabeth Sennett's family has waited an unconscionable 35 years to see justice served. Today, the Alabama Supreme Court cleared the way for Kenneth Eugene Smith to be executed by nitrogen hypoxia,' Alabama Attorney General Steve Marshall wrote.
The state unsuccessfully attempted to put Smith to death by lethal injection last year. The Alabama Department of Corrections called off the execution when the execution team could not get the required two intravenous lines connected to Smith. Smith's attorneys previously accused the state of trying to move Smith to 'the front of the line' for a nitrogen execution in order to moot Smith’s lawsuit challenging lethal injection procedures.
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