Key Takeaways
- Alabama's November 2022 execution attempt of Kenneth Smith was unsuccessful after legal challenges and procedural failures.
- Lethal injection protocols, intended to be 'clean and quick,' faced significant practical difficulties in establishing IV access.
- Kenneth Smith's execution attempt followed previous botched executions in Alabama, raising questions about cruel and unusual punishment.
- The state responded with a protocol review and legislative proposals, amidst criticism of media sympathy and execution timeline delays.
Deep Dive
- At 22, Kenneth Smith had a girlfriend and two children and worked in a factory at the time of Elizabeth Sennett's murder.
- His mother, Linda Smith, described him as a 'happy drunk' but sensed he was withholding information after the crime.
- Alabama's 41-page execution protocol, detailing IV access, contrasts with real-life difficulties finding a vein in Kenneth Smith's and other cases.
- Difficulties arise from required technical skill, potential inmate non-cooperation, and physical conditions like dehydration or illness.
- Individuals tasked with IV insertion for executions may lack the specialized medical expertise of professionals like anesthesiologists, as doctors are bound by an oath to do no harm.
- The prior execution of Joe Nathan James in summer 2022 ran significantly late, raising suspicions.
- A second autopsy revealed gruesome evidence of multiple IV attempts, bruising, bleeding under the skin, and a 'cutdown' procedure, which was not in the protocol.
- This old-style technique indicated James was alive and bleeding during the hours-long process.
- Kenneth Smith's lawyer, Robert Grass, represented him since 2005 and sued after previous botched executions, arguing Alabama's lethal injection methods constituted cruel and unusual punishment.
- The 11th Circuit initially ruled in Smith's favor, halting his November 17, 2022 execution.
- However, the U.S. Supreme Court overturned this decision at approximately 10:15 p.m., allowing the execution to proceed.
- On November 17, 2022, after the Supreme Court ruling, Kenneth Smith was moved to the execution chamber and strapped to a gurney.
- He endured failed attempts to find a vein and an unexplained central line procedure, causing him pain and terror.
- Following the ordeal, Smith was reportedly unable to stand.
- Following Kenneth Smith's failed execution on November 17th, Alabama Governor Kay Ivey paused all pending executions and ordered a review of the capital punishment protocol.
- Attorney General Steve Marshall criticized the six-hour execution window, arguing it allowed delays, and proposed legislative changes.
- The governor's review resulted in a new rule extending the time for execution guards to complete their tasks, which the host criticized as potentially allowing more time for botched procedures.