The need to find a new death-penalty method is behind the effort in Alabama. Lawyers for condemned inmate Kenneth Smith are asking the federal 11th Circuit Court of Appeals to block it.
From AP, via WSFA:
The state plans to place a face mask over Smith’s nose and mouth to replace breathable air with pure nitrogen — an inert gas that makes up 78% of the air inhaled by humans — causing him to die from lack of oxygen. The nitrogen gas would be administered for at least 15 minutes or “five minutes following a flatline indication on the EKG, whichever is longer,” according to the state protocol.
Three states — Alabama, Mississippi and Oklahoma — have authorized nitrogen hypoxia as an execution method, but none have attempted to use it. The question of whether Alabama will ultimately be allowed to attempt the nation’s first execution using nitrogen gas could end up before the U.S. Supreme Court.
Smith’s attorneys appealed a judge’s Jan. 10 decision to let the execution go forward. They argued that the new nitrogen hypoxia protocol is riddled with unknowns and potential problems that could violate the constitutional ban on cruel and unusual punishment. They said the concerns over the novel execution method and how Smith was chosen as the “test subject” should be more fully considered by a court before the execution proceeds.
“Because Mr. Smith will be the first condemned person subject to this procedure, his planned execution is an experiment that would not be performed or permitted outside this context,” Smith's attorneys wrote in the Monday court filing.
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