Alabama became the first state in the U.S. to use the nitrogen hypoxia method of execution Thursday night when it put to death convicted murderer Kenneth Eugene Smith, reports AL.com's Ivana Hrynkiw.
Smith was convicted in the murder-for-hire of 45-year-old Elizabeth Dorlene Sennett in Colbert County in 1988. Sennett had been beaten and stabbed. Court records show Smith was paid about $1,000.
The state previously attempted to execute Smith by lethal injection but had trouble accessing a vein and didn't complete the execution within time allotted by the state's execution protocol.
Smith's legal actions to avoid a second lethal-injection effort included an argument that he could choose nitrogen hypoxia instead. At that time the state didn't have a protocol in place for using nitrogen, which has also been approved for use by Oklahoma and Mississippi but had not been used anywhere until last night.
The Alabama Department of Corrections delivered a protocol, which was approved by the state's Supreme Court. Smith's legal efforts to then challenge the Constitutionality of the new method failed. The method includes using a mask on the condemned that replaces breathable air with nitrogen.
So a major part of this story is whether nitrogen will be considered an acceptable method of execution going forward.
Five members of the media were allowed to witness the execution, including our Ivana Hrynkiw. Here's part of Ivana's description of what took place:
"The gas appeared to start flowing at approximately 7:58 p.m. Smith visibly shook and writhed against the gurney for around two minutes. His arms thrashed against the restraints.
"He breathed heavily, slightly gasping, for approximately seven more minutes."
The state continues to stand behind the method. Attorney General Steve Marshall said the execution took place without problems, and he called the method humane and effective.
