An Alabama inmate would be the test subject for the “experimental” execution method of nitrogen hypoxia, his lawyers argued, as they asked judges to deny the state’s request to carry out his death sentence using the new method.
In a Friday court filing, attorneys for Kenneth Eugene Smith asked the Alabama Supreme Court to reject the state attorney general’s request to set an execution date for Smith using the proposed new execution method. Nitrogen gas is authorized as an execution method in three states but it has never been used to put an inmate to death.
Smith’s attorneys argued the state has disclosed little information about how nitrogen executions would work, releasing only a redacted copy of the proposed protocol.
I am split - there shouldn’t be a death penalty, and the horrors of botched executions go a long way toward undermining support for the system. While nitrogen hypoxia would be humane, it also makes the death penalty so much easier to sell. Part of me would rather have it be barbarous to undermine support. Though I can see the state being so incompetent that they end up gassing half of the executioners along with the inmate, even though they’re just putting a mask on the inmate’s face.