Nitrogen hypoxia: Everything you need to know about controversial execution of Kenneth Smith in Alabama

A look at the events that led to Kenneth Eugene Smith's execution by nitrogen hypoxia

Kenneth Eugene Smith, 58, became the first person to be put to death by nitrogen gas on Thursday, January 25, for the 1988 murder-for-hire of Elizabeth Dorlene Sennett, 45.

The longstanding Alabama death row inmate, clad in his prison uniform and covered in a white sheet up to his chest, lay on the gurney with arms extended, secured by straps around his stomach and upper chest, in a process that began at 7:56 pm and ended with him being pronounced dead at 8.25 pm. 

1. The gruesome murder-for-hire plot against Elizabeth Sennett 

In March 1988, Elizabeth Sennett was found dead in her Colbert County home, having been stabbed eight times in the chest and once on each side of the neck. Prosecutors alleged that Kenneth Eugene Smith and another man were paid $1,000 each by her husband, Rev Charles Sennett, who was in significant debt and wanted insurance money. Charles Sennett reportedly confessed to his involvement during police questioning and took his own life a week after the murder.

2. Jury's decision to give Eugene Smith life imprisonment overturned

Smith, then 22, along with John Forrest Parker and Billy Gray Williams, was among three men convicted in the brutal stabbing murder of Elizabeth, orchestrated by Rev Charles Sennett, her husband and pastor. In 1996, Smith was convicted, and during sentencing, 11 out of 12 jurors voted for life imprisonment. However, the presiding judge, N Pride Tompkins, chose to override their decision, condemning him to death. As of 2017, Alabama discontinued the practice of judges overruling death penalty jury decisions in this manner, and such interventions are now prohibited throughout the United States.

 3. Fate of Elizabeth Sennett’s husband and Eugene Smith's accomplices

Rev Sennett took his own life a week after his wife's murder. John Forrest Parker was executed by lethal injection on June 10, 2010 being pronounced dead at 6:41 pm at Holman Prison in Atmore, while Billy Gray Williams received a life sentence and died behind bars in 2020.

4. Kenneth Eugene Smith's  first execution by lethal injection failed

In November 2022, an attempt was made to execute Kenneth Eugene Smith using lethal injection. However, the process went awry as a team of correctional facility workers faced difficulties in inserting an intravenous line into his arms and hands, and even a vein near his heart. Despite multiple attempts, prison officials determined that there wasn't sufficient time to complete the execution before the expiration of the death warrant at midnight. Smith's attorneys in their complaint over the failed execution alleged that “as the night progressed, as Mr Smith was subjected to ever-escalating levels of pain and torture, no one responded to his pleas to stop the pain, told him of the Eleventh Circuit’s stay, or answered his questions about what they were doing to him."

5. Alabama court approves nitrogen hypoxia execution

In 2018, the Alabama Legislature granted approval for nitrogen executions as an alternative method amid drug shortages and mounting criticism of lethal injection practices. Governor Kay Ivey asked  Alabama's Department of Corrections to review the state's execution process. On November 2, 2023, the Alabama Supreme Court said the state approved the execution of an inmate with nitrogen gas for the first time.

6. Kenneth Smith's fears and numerous appeals

Smith didn't originally choose nitrogen gas for his execution, but later, in a 2022 court filing, he preferred it over the problematic lethal injection in the state. Notably, the US Supreme Court turned down his appeals despite arguing that the method violated his Eighth Amendment protections, three liberal justices dissented. Prior to the execution, Smith's lawyers argued that Alabama was not ready for the execution, suggesting the use of a mask instead of a bag or enclosure could let in sufficient oxygen, potentially prolonging the process and causing suffering.

7. Outrage against Alabama using nitrogen hypoxia as a method of execution

The UN Human Rights Office believed the method, known as nitrogen hypoxia, "could breach the prohibition on torture or other cruel, inhuman or degrading treatment or punishment." The execution method sparked intense ethical debates regarding the use of an untested method to carry out the punishment for Smith, who had already undergone one prior attempt at execution. It was argued that Smith could suffer an intensely painful death. However, Alabama Attorney General Steve Marshall after Smith's execution shared that Alabama "will definitely have more nitrogen hypoxia executions," adding that 43 death row inmates in the state have already elected the newly tested method.

8. Kenneth Eugene Smith's final hours and last meal

During his final 24 hours, Smith was visited by friends and family, including his wife. The Alabama Department of Corrections reported that his last meal included steak with A1 sauce, hash browns, and eggs. Prior to this, he was served a breakfast meal at the William C Holman Correctional Facility in Atmore, which comprised two biscuits, eggs, grape jelly, applesauce, and orange juice.

9. Kenneth Smith's disturbing nitrogen hypoxia execution

Witnesses, including Alabama journalists who observed the execution, reported that Smith displayed signs of consciousness for several minutes as nitrogen gas entered his mask. Subsequently, he exhibited unsettling movements as the 58-year-old “shook and writhed” accompanied by heavy breathing that persisted for several minutes. Eventually, his breathing gradually slowed before coming to a complete stop.

10. Kenneth Smith's wife Deanna screamed as he struggled during execution

Deanna Smith, the wife of convicted murderer Smith, reportedly screamed as he struggled against his restraints during the harrowing 22 minutes of his nitrogen gas execution. Journalists on-site recounted that Deanna, donning a 'Never Alone' T-shirt, "cried out for him" from the witness box as her husband pushed against his restraints.

11. Elizabeth Sennett's family's pursuit of justice 

Charles Sennett Jr, one of Elizabeth's sons, expressed the sentiment that some may argue against the severity of the execution. He conveyed, "Well, he didn’t ask Mama how to suffer. They just did it. They stabbed her multiple times." Following the execution, another son Michael Sennett added, “Elizabeth Dorlene Thorne Sennett got her justice tonight,”