Alabama Finds Alternative Method for Death Sentences
Alabama made history in late January by becoming the first state to carry out an execution using nitrogen gas. This new method was adopted after drug companies refused to supply their products for lethal injections. Kenneth Eugene Smith, convicted of a 1988 murder-for-hire killing, was executed by having a mask placed over his face, replacing the air he breathed with nitrogen gas, ultimately depriving him of oxygen.
Alabama Plans to Continue Using Nitrogen Gas
Alabama has expressed its intention to continue using nitrogen gas as its preferred method of execution. Other states are considering following suit, given that nitrogen gas is readily available for purchase. However, at least one company has already stated its refusal to supply nitrogen for executions, and anti-death penalty groups hope more companies will do the same. Despite the availability of nitrogen gas, legal challenges may pose a significant obstacle for prison officials trying to obtain it.
Exploring Alternatives
The refusal of drug companies to provide lethal injection drugs, along with ongoing litigation surrounding that method, has made it difficult for some states to carry out death sentences. As a result, several states, including Oklahoma, Mississippi, and Alabama, have authorized the use of nitrogen gas as an alternative execution method. In Oklahoma, nitrogen gas serves as a backup method in case lethal injection becomes unavailable due to court rulings or a shortage of drugs. In Alabama, prisoners are given the option to choose nitrogen as their preferred method.
Obtaining Nitrogen Gas
Just as the state has withheld information about suppliers of lethal injection drugs, the Alabama Department of Corrections has refused to disclose where it obtained the nitrogen gas used in executions. Court documents reveal that the gas used was certified as 99.999% pure nitrogen. Nitrogen gas can be easily purchased without a license from manufacturers, industrial suppliers, and even online retailers. Its widespread availability has piqued the interest of states seeking alternatives.
Manufacturer Refusal
One major manufacturer, AirGas, has already stated that it will not supply nitrogen gas for executions. This decision aligns with the stance taken by drug companies that refuse to supply lethal injection drugs. Activists and criminal justice advocacy groups hope that other manufacturers will follow AirGas’s lead and prohibit their products from being used in executions.
Challenges and Criticism
Activists and lawyers will continue to fight against the use of nitrogen gas for executions, and legal challenges are expected to slow down the process. Critics have already raised concerns about the humane nature of nitrogen gas, pointing to witness accounts of convulsions during an execution as evidence that it does not provide a quick and painless death. Despite these criticisms, Alabama Attorney General Steve Marshall has deemed the execution a success and offered assistance to other states considering nitrogen gas as an execution method.
Future Litigation and Inmate Preferences
While over 40 inmates on Alabama’s death row have chosen nitrogen as their preferred method of execution, future litigation is expected due to concerns about the experience of Kenneth Eugene Smith during his execution. A death row inmate has already filed a lawsuit challenging the constitutionality of nitrogen gas executions, citing witness testimonies of Smith’s shaking and writhing on the gurney. A federal judge has scheduled a hearing for March to address the inmate’s request for additional information related to the execution.