Arrr! A landlubber judge be ponderin' Alabama's grand scheme to send a scallywag to Davy Jones' locker with nitrogen gas!
2023-12-21
Arrr, ye be hearin' that a fancy-pants judge be ponderin' whether Alabama can give some scallywag a taste o' the ol' nitrogen gas for their execution. Aye, there be a lawsuit tryin' to stop this jolly method.
A federal judge recently heard arguments regarding the use of nitrogen gas as a method of execution in Alabama. Attorneys for Kenneth Eugene Smith, who is scheduled for execution on January 25th, are seeking to block the use of nitrogen hypoxia, claiming that it violates the constitutional ban on cruel and unusual punishment. They argue that the mask used in the process would interfere with Smith's ability to pray with his spiritual advisor. On the other hand, the state attorney general's office argues that the method is humane and should be allowed.The execution method involves replacing breathable air with nitrogen, causing death from lack of oxygen. Nitrogen is harmless when mixed with proper oxygen levels and makes up 78% of the air that humans inhale. The state's execution protocol states that the nitrogen would be administered for at least 15 minutes or "five minutes following a flatline indication on the EKG, whichever is longer."
During the hearing, anesthesiologists, state officials, and Smith himself testified about the risks and potential experiences related to the use of nitrogen gas. The risks of vomiting, suffocation, or being left in a vegetative state were discussed. The Alabama attorney general's office dismissed these risks as speculative, pointing out the lack of information about nitrogen hypoxia in humans.
The judge requested more information about when an inmate would last eat before the execution and also inquired about Smith's concerns regarding the interference of the mask with his ability to pray. The state attorney general's office assured that Smith would have the opportunity to pray without the mask before the witnesses arrive, but it must be fitted before the witnesses are brought into the prison.
Smith's attorneys also argued that Alabama's proposal to use nitrogen gas was a way to end litigation and avoid turning over information about the failed 2022 lethal injection attempt. Smith himself briefly testified, mentioning that he has already been put in an isolation area in preparation for his execution. The judge did not indicate when he will make a ruling regarding the use of nitrogen gas in Smith's execution.