Alabama Seeks to Execute Inmates Using Nitrogen Gas: A New Method
Alabama is considering a novel method for carrying out executions, involving the use of nitrogen gas to end the lives of inmates. The procedure envisions placing a mask over the inmate’s face and replacing their normal breathing air with nitrogen until their heart stops.
The state’s proposal for this new execution method was detailed in a court filing, albeit with some portions redacted. Alabama aims to become the first state to execute a prisoner using nitrogen gas. While nitrogen hypoxia has been authorized for executions in a few states, including Alabama, Oklahoma, and Mississippi, no state has yet utilized this method to carry out a death sentence.
Nitrogen, a gas that constitutes 78% of the air we breathe, is safe when inhaled along with adequate levels of oxygen. However, the proposed execution procedure involves forcing the inmate to breathe nitrogen exclusively, depriving them of the oxygen necessary for vital bodily functions and causing death.
Alabama’s Attorney General, Steve Marshall, has requested the Alabama Supreme Court to schedule an execution date for Kenneth Smith, who would be subjected to nitrogen hypoxia. This request was included in a court filing aimed at dismissing a lawsuit filed by Smith himself. Previously attempting to block the state’s use of lethal injection for his execution, Smith now argues in favor of utilizing nitrogen.
As per the outlined protocol, the inmate would enter the execution chamber, be positioned on a gurney, and have a mask placed over their face. The warden would then read the death warrant and allow the inmate up to two minutes for a final statement. Following a final mask inspection by the execution team, the warden, situated in another room, would initiate the “nitrogen hypoxia system.”
“After the introduction of nitrogen gas, it will be administered for either 15 minutes or five minutes beyond the flatline indication on the EKG, whichever duration is longer,” the procedures specify.
If Alabama proceeds with nitrogen executions, it will mark the first new execution method since the introduction of lethal injection in the 1970s.
Deborah Denno, an expert in death penalty law at Fordham Law School, has remarked on the ambiguity of the Alabama protocol and its heavy redactions. She points out that unlike well-established methods like lethal injection and electrocution, nitrogen hypoxia remains speculative in terms of its execution process.
John Palombi, an attorney representing multiple death row inmates, underscores the need for a less redacted version of the protocol for comprehensive analysis.
The push for nitrogen hypoxia arose as states encountered challenges in acquiring the drugs necessary for lethal injections and faced legal debates over the humaneness of such methods. The gas was proposed as a more available and supposedly humane alternative for executions.
Despite questions and criticism, Trip Pittman, the former Alabama state senator who introduced the new method, defends the procedure as based on the already known effects of nitrogen inhalation during industrial accidents and suicide attempts.
Alabama’s pursuit of this innovative execution method reflects ongoing debates about the ethics and practices of capital punishment. As legal proceedings unfold, the outcome of this approach remains uncertain.