Key Takeaways
- Kenny Smith received a second execution warrant 35 years after a 1988 murder.
- Alabama proposed nitrogen gas asphyxiation, an untested method for judicial execution.
- Smith's legal team challenged the nitrogen gas method, citing Eighth Amendment violations.
- The execution by nitrogen hypoxia involved observable violent, seizure-like movements.
- Alabama officials described the execution as professional despite observed struggles.
Deep Dive
- Kenny Smith faced a second execution warrant in November 2023 for a January 2024 date, 35 years after the murder of Elizabeth Sennett.
- He experienced severe nightmares of execution, prompting his legal team to hire psychologist Kate Porterfield.
- Porterfield testified about Smith's severe Post-Traumatic Stress Disorder if subjected to another execution, deeming it 'cruel and unusual'.
- Upon receiving the second warrant, Smith was anxious and reportedly 'falling apart' while also focusing on fighting the execution.
- Just over a month before his second scheduled execution, Kenny Smith's legal team filed a lawsuit against Commissioner John Q. Hamm of the Alabama Department of Corrections.
- Alabama's execution appeal proposed nitrogen gas asphyxiation, a method never before used in a judicial execution.
- Smith's lawyers argued that the novel nitrogen gas method violated the Eighth Amendment's prohibition against cruel and unusual punishment.
- An anesthesiologist explained that while nitrogen is inert, pure nitrogen causes physiological changes, theoretically leading to unconsciousness and death without awareness.
- Complications with nitrogen gas execution include potential brain death if oxygen seeps into the mask, or choking on vomit if the prisoner becomes nauseous.
- Unlike lethal injection, gas execution necessitates prisoner participation, increasing potential complications.
- Holding one's breath during nitrogen gas execution increases carbon dioxide, potentially leading to seizures and a cascade of physiological changes instead of instant unconsciousness.
- A study on rats found carbon monoxide and nitrogen gas resulted in longer times to loss of consciousness, seizures, increased stress, and lung damage, deeming them inhumane euthanasia alternatives.
- Alabama's proposed protocol for Kenny Smith's execution by nitrogen gas was presented on December 20th, 2023, mirroring a previous lethal injection attempt.
- A state witness admitted the protocol did not consult medical personnel regarding issues like vomiting into the mask or external air seepage.
- The mask used was identified as an industrial type, not designed for executions, and the witness's knowledge stemmed from internet research.
- Testimony also revealed the protocol lacked specific procedures for ensuring a proper mask fit on the inmate.
- Kenny Smith arranged his affairs before his January 25th execution date, naming witnesses including his mother, Linda, and legal counsel.
- Witnesses were processed and transported to Holman Correctional Facility, awaiting the procedure.
- Smith's mother recounted his final words of love and acceptance, noting he smiled as he was taken away.
- Witnesses observed Smith strapped to a gurney and masked in the execution chamber as the death warrant was read.
- Kenny Smith's final statement declared that Alabama was 'taking a step backward,' before the execution procedure began.
- The execution differed from advertised rapid unconsciousness, as Smith exhibited violent, seizure-like movements for minutes.
- He was observed straining against restraints and appearing to gasp for air before falling still.
- A witness expressed feeling 'awful' about the unsuccessful 18-year effort to prevent the execution.
- Kenneth Eugene Smith was executed by nitrogen hypoxia at Holman Correctional Facility for the 1988 murder of Elizabeth Sennett.
- The Commissioner of the Alabama Department of Corrections described the execution as professional, despite observed shaking and involuntary movements.
- The Alabama Attorney General's office issued a press release calling the execution 'historic' and a 'blueprint' for other states, despite international criticism.
- The host criticized the state official's use of 'historic,' contrasting it with the narrative of the 'cascade' of events leading to the controversial execution.
- A letter was written to Kenny Smith, expressing appreciation for his 'irrepressible spirit' and ability to build relationships within prison walls.
- A guest recalled their last conversation with Kenny, discussing legal options, unaware it would be their final interaction.
- The guest acknowledged the human tendency to make meaning by considering personal losses and empathy for all involved in such events.