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Alabama Supreme Court to Decide Whether to Allow Experimental Execution Method for Kenneth Eugene Smith

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Key takeaways:

  • Smith’s lawyers have argued that the proposed nitrogen hypoxia execution method is “experimental” and the state has disclosed little information about how it would work.
  • The state attorney general has argued that nitrogen hypoxia is a humane and painless way to carry out executions, and that it is a viable alternative to the state’s current method of lethal injection.
  • The court has yet to make a decision on the request. If the court approves the request, Smith would become the first person in Alabama to be executed using the nitrogen hypoxia method.

The Alabama Supreme Court is considering a request from the state attorney general to set an execution date for Kenneth Eugene Smith, an Alabama inmate, using a proposed new execution method of nitrogen hypoxia. Smith’s lawyers have argued that this method is “experimental” and that the state has disclosed little information about how it would work.

In a Friday court filing, Smith’s attorneys asked the court to deny the state’s request, noting that the only information released was a redacted copy of the proposed protocol. They argued that Smith should not be the “test subject” for this method, and that the state should provide more information about the proposed execution before it is allowed to move forward.

The state attorney general has argued that nitrogen hypoxia is a humane and painless way to carry out executions, and that it is a viable alternative to the state’s current method of lethal injection. The state has also argued that the method has been used in other states and is not experimental.

The court has yet to make a decision on the request. If the court approves the request, Smith would become the first person in Alabama to be executed using the nitrogen hypoxia method. If the court denies the request, the state will have to find another way to carry out Smith’s death sentence.

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