Kenneth Eugene Smith was executed in Alabama using nitrogen hypoxia, marking a historic use of this method for the death penalty in the state.

Alabama carried out the scheduled execution of inmate Kenneth Eugene Smith on Thursday night using a controversial method called nitrogen hypoxia. This marks the first time the United States has employed this method for the death penalty. The execution occurred at 8:25 p.m. local time at the William C. Holman Correctional Facility in Atmore, as reported by officials.

In a news briefing, Alabama’s Corrections Commissioner, John Q. Hamm, stated that Kenneth Eugene Smith’s execution commenced at 7:53 p.m. The nitrogen mask was left on Smith for about five minutes after his heart stopped.

According to reports from the media present, Smith’s final words were: “Tonight Alabama caused humanity to take a step backward. I’m leaving with love, peace, and light. Thank you for supporting me. Love all of you.” Additionally, he used sign language to express “I love you.”

In the course of the execution, a reporter noticed that Kenneth Eugene Smith appeared to shake and writhe on the gurney for at least two minutes. When asked if this was anticipated or indicated pain, Commissioner John Q. Hamm clarified, “It seemed like Smith was holding his breath, and there’s information that he struggled against his restraints a bit. The movement and breathing were expected, and it’s known from our research on nitrogen hypoxia.”

Commissioner John Q. Hamm clarified a delay of approximately 45 minutes after the Supreme Court’s approval for Kenneth Eugene Smith’s execution. He attributed the delay to a minor issue with the EKG lines, causing a delay in obtaining a clear reading.

In a statement provided to CBS News after the execution, Smith’s legal team expressed profound sadness, stating, “We are deeply saddened that the state of Alabama and the Alabama Department of Corrections have executed Kenneth Eugene Smith.”

Kenny faced the death penalty due to an old Alabama law, which the U.S. Supreme Court has since declared unconstitutional. Efforts are underway in the Alabama legislature to prevent similar cases in the future, but sadly, it won’t help Kenny.

Alabama Governor Kay Ivey explained she chose not to stop Kenny’s execution, which was carried out using a method called nitrogen hypoxia, something Kenny had requested instead of lethal injection.

After Kenny’s execution, Mike Sennett, whose mother Elizabeth Dorlene Sennett was killed by Smith, shared his feelings. He described it as a bittersweet day, acknowledging Kenny’s past mistakes. Sennett said tonight, Kenny paid his debt, and he concluded by stating, “I guess I’ll end by saying that Elizabeth Dorlene Sennett got her justice tonight.”

What is nitrogen hypoxia?

Alabama, along with Oklahoma and Mississippi, allows the use of a method called nitrogen hypoxia for executions, which is different from traditional methods like lethal injection. Recently, Alabama became the first state to use this method in an execution.

Critics argue that using nitrogen hypoxia is like conducting an experiment and may lead to unnecessary pain and risks. Experts from the United Nations have expressed concerns about the potential for severe suffering during executions using pure nitrogen inhalation, highlighting the lack of scientific evidence proving otherwise.

Inhaling too much nitrogen, especially in accidental industrial situations, is known to be harmful. Nitrogen is safe to breathe only when it’s mixed with the right amount of oxygen; otherwise, it becomes toxic. Veterinarians avoid using nitrogen to euthanize animals because of the distress it can cause and potential risks to people nearby.

What did Kenneth Eugene Smith do?

Kenneth Eugene Smith faced accusations of being a hitman and received the death penalty for the 1989 murder of Elizabeth Dorlene Sennett in Alabama. Prosecutors claimed that Smith, along with John Forrest Parker, was hired by Elizabeth’s husband, Rev. Charles Sennett, Sr., for financial gain.

Rev. Sennett, dealing with an affair and financial troubles, took out a large life insurance policy on his wife before plotting her murder. When suspicions arose, he committed suicide. The prosecution asserted that Rev. Sennett initially hired Billy Williams, who then recruited Smith and Parker. They planned to make the crime look like a burglary, and on March 18, 1988, Elizabeth was killed.

Smith was initially convicted of capital murder, but the Alabama Court of Appeals overturned the verdict. In a second trial in the ’90s, although the jury recommended life imprisonment without parole, a judge overruled it and sentenced Smith to death. His accomplice, Parker, was executed in June 2010.

Notably, if Smith’s trial happened today, he wouldn’t face execution. In 2017, Alabama changed the law to prevent judges from overriding jury recommendations for the death penalty.