Alabama death row killer Kenneth Eugene Smith executed by nitrogen gas

Shaking and convulsing 'was expected'

The state had predicted the nitrogen gas would cause unconsciousness within seconds and death within minutes. State Attorney General Steve Marshall said late Thursday that nitrogen gas “was intended to be — and has now proved to be — an effective and humane method of execution.”

Asked about Smith’s shaking and convulsing on the gurney, Alabama corrections Commissioner John Q. Hamm said they appeared to be involuntary movements.

“That was all expected and was in the side effects that we’ve seen or researched on nitrogen hypoxia,” Hamm said. “Nothing was out of the ordinary from what we were expecting.”

Pastor John Ewell of Anchor Prison Ministries and one of the pastors for the convicted (DAN ANDERSON/EPA-EFE/REX/Shutterstock)

Killer tried to 'game the system'

Alabama Gov. Kay Ivey said the execution was justice for the murder-for-hire killing of 45-year-old Elizabeth Sennett in 1988.

“After more than 30 years and attempt after attempt to game the system, Mr. Smith has answered for his horrendous crimes. ... I pray that Elizabeth Sennett’s family can receive closure after all these years dealing with that great loss,” Ivey said in a statement.

The state had previously attempted to execute Smith in 2022, but the lethal injection was called off at the last minute because authorities couldn’t connect an IV line.

Smith's final words

In a final statement, Smith said: “Tonight Alabama causes humanity to take a step backwards. ... I’m leaving with love, peace and light.”

He made the “I love you sign” with his hands toward family members who were witnesses. “Thank you for supporting me. Love, love all of you,” Smith said.

The execution took about 22 minutes, and Smith appeared to remain conscious for several minutes. For at least two minutes, he appeared to shake and writhe on the gurney, sometimes pulling against the restraints. That was followed by several minutes of heavy breathing, until breathing was no longer perceptible.

Abandoned prison which caged dangerous cartel killers found by urban explorer

Kenneth Smith's victim's son describe 'bittersweet day' and 'forgiveness'

Following Thursday's execution, Elizabeth's son Mike Sennett, joined by his brother Chuck, issued a statement, saying it was a "bittersweet day". He said: "Nothing happened here today that’s going to bring Mom back. It's kind of a bittersweet day. We're not going to be jumping around, around, hooting and hollering "hooray" and all that. That's not us. But we're glad this day is over.

"All three of the people involved in this case years ago, we have forgiven. Not today but we have in the past. Some people may not believe that, you know, how do you forgive somebody. Well, in an effort to be more Christ-like, try to live his teachings and stuff, it is my duty and it is a weight off my shoulders.

"I forgive him, I forgive him what he done, I don't like what he done but they are forgiven from us. The Bible says evil deeds have consequences — and Kenneth Smith made some bad decisions 35 years ago — and his debt was paid tonight.

"Some of you may have heard us talk about over and over about 35 years, 35 years. 35 years - Kenneth Smith, Parker, Williams - Williams not so much because he died in the system, but Parker and Smith have been incarcerated almost twice as long as I knew my mom. Elizabeth Dorlene Thorne Sennett got her justice tonight."

The family of Elizabeth Sennett says they have forgiven the three men involved in her murder, all of whom are now dead

READ MORE HERE

Smith 'held his breath for as long as he could'

In a press conference following the execution, officials described the moments after gas was delivered, saying Smith appeared to hold his breath for as long as he could as he struggled against restraints"

Officials said there was visible "involuntary movement and heavy breathing" - saying the procedure was "all expected" and "nothing out of the ordinary".

Nitrogen gas flowed for 15 minutes from the point of delivery to when Smith was confirmed dead.

Smith's last meal before nitrogen gas execution

Death row killer Kenneth Smith was allowed a final meal before his nitrogen gas execution - the first of its kind, which has been heavily criticised as inhumane.

Smith’s spiritual adviser, the Rev. Jeff Hood, said his last meal consisted of a Waffle House order: T-bone steak, hash browns and scrambled eggs in A.1. sauce and toast. Procedure around the method of execution reports meant Smith was denied food for eight hours before his death.

Smith was said to have consumed his final meal at 10am on Thursday morning, before being denied any further solid food before his death and only clear liquids. According to a court document, the decision to ban all solid foods in the eight hours before his death was to reduce the likelihood of him vomiting during the execution and limit any "substantial risk of harm".

READ THE FULL STORY HERE

Time of death recorded as 20:25 on Thursday, 25 of January

Smith's official time of death was recorded at 20:25 on Thursday, 25 of January.

Smith was sentenced to death in 1989 for acting as a hitman to murder a preacher's wife. He survived an execution attempt in 2022 because medics could not find the veins to deliver the lethal injection. Smith later described the experience as "like being up under a sewing machine."

His nitrogen execution came after a last-ditch appeal to the Supreme Court to stop the killing, but judges ruled it could go ahead and refused to grant a stay of execution. But not all the judges were in agreement.

Kenneth Smith has been executed with nitrogen gas in first ever case

Death row killer Kenneth Eugene Smith has become the first prisoner to be executed by a controversial nitrogen gas after surviving the first execution.

The 58-year-old becomes the first-ever inmate to be killed by nitrogen gas at Alabama's Holman Correctional Facility. Speaking ahead of his execution, Smith said: "I am not ready for that. Not in no kind of way. I'm just not ready, brother."

The state of Alabama had predicted in federal court filings that the nitrogen gas "cause unconsciousness within seconds, and cause death within minutes."

The state placed a "full facepiece supplied air respirator" over Smith's face" allowing the nitrogen to be administered for at least 15 minutes or "five minutes following a flatline indication on the EKG, whichever is longer," according to the state protocol.

Critics of the controversial death penalty said it was unclear what Smith would feel after the warden switches on the gas, according to medics.

READ THE FULL STORY HERE

Smith's stay of execution denied

Smith's attorneys asked the U.S. Supreme Court to halt the execution to review claims that the new method violates the constitutional ban on cruel and unusual punishment and deserves more legal scrutiny before it is used on a person.

"There is little research regarding death by nitrogen hypoxia. When the State is considering using a novel form of execution that has never been attempted anywhere, the public has an interest in ensuring the State has researched the method adequately and established procedures to minimize the pain and suffering of the condemned person," Smith's attorneys wrote.

In the hours ahead of the scheduled execution, Smith met with family members and his spiritual adviser, according to a prison spokesperson.
He ate a final meal of T-bone steak, hash browns, toast and eggs slathered in A1 steak sauce, Hood said by telephone.

"He's terrified at the torture that could come. But he's also at peace. One of the things he told me is he is finally getting out," Hood said.
Smith is one of two men convicted in the 1988 murder-for-hire slaying of Elizabeth Sennett.

Prosecutors said he and the other man were each paid $1,000 to kill Sennett on behalf of her pastor husband, who was deeply in debt and wanted to collect on insurance.

Nitrogen gas knowledge mainly derives from industrial accidents or suicide attempts

Alabama, Mississippi and Oklahoma - have authorized nitrogen hypoxia as an execution method, but no state has attempted to use the untested method until now.

Much of what is known about death by nitrogen gas comes from industrial accidents or suicide attempts. Dr. Philip Nitschke, a euthanasia expert who designed a suicide pod using nitrogen gas and appeared as an expert witness for Smith, said nitrogen can provide a peaceful, hypoxic death, but said he has concerns about Alabama's proposal to use a mask.

Nitschke told The Associated Press that Smith's facial hair, jaw movements and involuntary movements as he feels the effect of the nitrogen could impact the seal.

If there are leaks, Smith could continue to draw in enough oxygen, "to prolong into what could be a very rather macabre, slow process of slowly not getting enough oxygen," Nitschke said. He said he could envision scenarios where the execution goes quickly or seriously awry.

Alabama, Mississippi and Oklahoma - have authorized nitrogen hypoxia as an execution method (Getty Images/iStockphoto)

Spiritual leader's final statement

Smith's Spiritual leader Reverend Doctor Jeff Hood issued a final statement ahead of the planned execution. He said: "The eyes of the world are on this impending moral apocalypse.

“Our prayer is that people will not turn their heads. We simply cannot normalize the suffocation of each other.”

Smith, 58 - who was sentenced to death in 1989 for acting as a hitman to murder a preacher's wife - previously survived an execution attempt in 2022 because medics could not find the veins to deliver the lethal injection. Smith later described the experience as "like being up under a sewing machine".

Smith's final visitors

On Wednesday, Smith was reportedly visited by a friend, his brother, two nieces, his son, grandson, wife, attorney and spiritual leader.

He reportedly was visited again by family just hours before his death this morning and also spoke to his wife on the phone. The official witnesses to his last moments alive are said to be his witnesses are set to be his wife, two sons, attorney, and a friend, reports AL.com.

Smith's victim's family are at prison to watch execution

The family of Smith's victim, Elizabeth Sennett, are reportedly at the prison awaiting the execution - including her two sons who lost their mother in 1988.

Smith was one of two men found guilty in the murder-for-hire killing of Elizabeth Sennett in 1988. The prosecutors said that he and another man were paid $1,000 each to kill Sennett by her pastor husband, who was deep in debt and wanted to cash in on insurance.

Elizabeth Sennett, aged 45, was discovered dead in her home in Colbert County, Alabama, with eight stab wounds in her chest and one on each side of her neck, according to the coroner's report. Her husband, Charles Sennett Sr., took his own life when the investigation started pointing towards him as a suspect, court documents reveal.

Ronnie May, the former chief investigator with the Colbert County Sheriff's Office, remembered the terrible scene in 1988 when he responded to Charles Sennett's call reporting his wife's death. He said: "She fought it and she fought hard. It was horrific to me. You feel for the victim and what they went through - and the horror she went through in her last minutes."

Elizabeth Sennett, 45, was found dead on March 18, 198 (Find a Grave)

Innocence Project condemn "untested method of execution"

In a statement, The Innoncence Project – a non-profit organisation working to free wrongfully imprisoned – condemned the use of the “untested” method of execution. In a damning statement, they said: "Today, the state of Alabama is scheduled to conduct an execution via nitrogen hypoxia, a method that has never been used on a human being and is prohibited for the euthanasia of animals. This is Alabama’s second attempt to execute Kenneth Smith, who survived a botched lethal injection just 14 months ago,” the statement read.

“The Innocence Project – whose mission is to free the innocent, prevent wrongful convictions and create fair, compassionate and equitable systems of justice for everyone – currently represents multiple individuals under sentence of death.

“Because more than 3,000 innocent people have been wrongfully convicted and exonerated in the United States, including almost 200 who were sentenced to death; because it is likely that innocent people have been executed; and because no person should be subjected to torture, we condemn Alabama’s use of this untested method of execution.

“Our hearts go out to the friends and families of Elizabeth Sennett and Kenneth Smith.”

Spiritual advisor to Kenneth Eugene Smith had to sign waiver to enter death chamber

If the research into executions by nitrogen hypoxia weren't grim enough, the spiritual advisor for Kenneth Eugene Smith told The Mirror US that he had to sign a waiver of liability just to be able to enter the chamber and be with the convict.

It essentially bars the state of Alabama from any legal liability if injuries or deaths happen from the nitrogen in the chamber.

"I've never been in another execution where I've had to sign another waiver like that. It's strange. It's bizarre. And it's just absurd that's even something that had to be a part of this."

Read the full story here

Nitrogen hypoxia asphyxiation akin to killing a dog with a plastic bag, spiritual advisor says as he talks 'barbarism'

When Kenneth Eugene Smith is executed by nitrogen hypoxia, his spiritual advisor, Rev. Dr. Jeff Hood, said it will be "like putting a bag over your dog's head and holding it as hard as you can until the dog is dead," referring to the act as "barbaric."

"That's what nitrogen does to a living thing, and that's what we're going to see," he told The Mirror US. He added that it's an untested method and that it could also lead to a "visceral" reaction in Smith when it begins.

"If he throws up in the mask and chokes to death, I think you’re looking at a horrific moment. That mask is very quickly going to look like a volcano exploding out of his face," Hood added. And he said the Alabama Department of Corrections wouldn't care if that happened — it would still be considered a successful execution even if he choked to death on his own vomit.

The Mirror US reached out to the DOC for comment but didn't immediately hear back.

Read the full story here

Spiritual advisor to Kenneth Eugene Smith describes fear of dying in chamber with convict

Rev. Dr. Jeff Hood hugged his five young children extra tight before he left for Alabama's William C. Holman Correctional Facility for the execution of Kenneth Eugene Smith by nitrogen hypoxia, telling them that he loves them repeatedly.

Hood fears he might not make it out of the death chamber alive, citing several issues that could result from the execution method that could prove fatal to everyone who will be in the chamber with the convicted hitman. If the mask leaks, he and others could be exposed to the deadly chemical.

(AP)

"If the seal breaks and nitrogen is released into the room, you are talking about an incredibly small room where there’s very little ventilation and very little means for the gas to get out, for the nitrogen to get out," he told The Mirror US. "Yeah, it certainly is terrifying."

He said he even had to sign a waiver before being allowed to enter the death chamber — something he said he's never had to do before at the numerous lethal injection executions he's attended.

Read the full story here

What happened during Smith's first execution attempt?

On Nov. 17, 2022, Kenneth Eugene Smith was strapped to a gurney in a tiny chamber at the William C. Holman Correctional Facility in Atmore, Alabama.

Medical officials prepared him for an IV, which was to administer the lethal drugs that would put him to death after over 30 years on death row. But as they went to insert the needle into his arm, there was a problem — they couldn't find a vein.

So, for four hours, he was poked and pricked, prodded like a pin cushion, and yet the executioners still couldn't find a vein. The execution was called off, and Smith was in excruciating pain.

(Courtesy of Rev. Dr. Jeff Hood)

His spiritual advisor, Rev. Dr. Jeff Hood, told The Mirror US: "Kenny describes the initial botched execution like being up under a sewing machine — just consistently being poked over and over and over again. It’s horrific to think about."

The botched execution resulted in a moratorium on executions for a few months as the state attempted to figure out what had gone wrong and how to fix it.

UN High Commissioner for Human Rights calls for halt of execution

The United Nations High Commissioner for Human Rights called for a halt on the execution of Kenneth Eugene Smith on Thursday, citing cruel and unusual punishment and torture in the method being used.

Nitrogen hypoxia, the high commissioner said, would amount to torture and inhumane, degrading treatment of another human, making it a violation of Smith's human rights, the BBC reported.

Wife of Kenneth Eugene Smith had Bible confiscated during last visit with doomed husband

During Deanna Smith's last visit with her doomed husband, convicted killer Kenneth Eugene Smith, before his scheduled execution on Thursday, she brought her Bible as she always does to go over verses with him.

But before she could enter the room, a prison official confiscated the holy book, telling her that she wasn't allowed to have it in the room with her.

According to Lee Hedgepeth, who interviewed the woman for his newsletter, Tread by Lee, she asked: "My Bible? I've brought it to ever visit I've had. I brought it to every visit the last time you tried to kill him." This time was different, though, and she wasn't allowed to carry it in.

Hedgepeth wrote on X, formerly known as Twitter: "In the shadow of her husband Kenneth Smith's scheduled execution by gas, the State of Alabama confiscated Deanna Smith's Bible during a visit. She said it's just another way for state officials to arbitrarily flex their authority over her family."

Deadly era of Alabama Gov. Kay Ivey, overseer of 15 executions and botched attempt to kill Smith

Since she was elected in 2017, Alabama Gov. Kay Ivey has overseen the executions of 14 death row inmates, and the death of convicted killer Kenneth Eugene Smith will be the 15th.

Many appeals to her office to stay executions or prevent the deaths of several of the men on the list went unheard or denied, and Smith's own appeal was no different.

Ivey was responsible for instituting the moratorium on executions in 2022 following the first botched execution of Smith himself, during which executioners took hours to find veins to insert needles for the lethal injection drugs.

It had been the second botched execution in as many months, and the third since 2018, according to the Death Penalty Information Center, causing her to call for a "top-to-bottom review" of the state's procedures before the moratorium was lifted in February 2023 — mere months after it was instated in November 2022.

Kenneth Eugene Smith sentenced to death in judicial override despite jury recommendation

During the trial for convicted hitman Kenneth Eugene Smith, a jury recommended 11-1 to sentence the man to life in prison without the possibility of parole — the standard penalty for first-degree murder in most states when the death penalty is invoked.

But due to a legal concept known as judicial override, a judge was allowed to review that sentencing and overturn it. And so, despite being recommended for a life sentence, Smith was handed the death penalty.

The practice was outlawed in Alabama in April 2017, making it the last state to ban the practice of overriding juries, but that was after the final sentencing of Smith. At 6pm CT on Thursday, he is scheduled to be put to death as a result of the now-banned practice.

Kenneth Eugene Smith to be first execution of 2024

Kenneth Eugene Smith is slated to be the first person executed in 2024 out of 10 scheduled deaths in five states. He is also the only person scheduled for execution in Alabama this year.

Twenty-four people were executed in 2023, with two from Alabama — James Edward Barber and Casey Allen McWhorter. All died by lethal injection.

The state had a temporary stay on executions after a few botched ones in recent years.

Waiting for execution has been 'torture' for Kenneth Eugene Smith

Waiting for his execution on Thursday, especially after the one the state of Alabama botched in 2022, has been nothing short of "torture", the convicted killer told the BBC.

Nightmares, panic attacks and other horrible after-effects from that first botched execution, during which executioners took several attempts to find a viable vein to insert the needle for the lethal injections.

Smith said he feels nauseous all the time and that he has lost a lot of weight over the last couple of years.

Smith's attorneys file new appeal to the US Supreme Court

Smith's attorneys on Thursday asked the US Supreme Court to halt the execution to review claims that the new method violates the constitutional ban on cruel and unusual punishment and deserves more legal scrutiny before it is used on a person.

Smith's attorneys wrote: "There is little research regarding death by nitrogen hypoxia. When the State is considering using a novel form of execution that has never been attempted anywhere, the public has an interest in ensuring the State has researched the method adequately and established procedures to minimize the pain and suffering of the condemned person."

It comes after justices on Wednesday rejected Smith's argument that it would be unconstitutional to make another attempt to execute him after the failed lethal injection.

The dark past of Alabama prison's warden and executioner Terry Raybon

The state executioner of Alabama, and warden of William C. Holman Correctional Facility in Atmore, where Kenneth Smith is set to be put to death today, was a former Alabama State Trooper fired two decades ago.

Terry Raybon became the warden of William C. Holman Correctional Facility in Atmore in 2021. A judge once described him as a man who "beats on women, consorts with felons, and neglects his official duties," per AL.com.

Terry Raybon is currently Correctional Warden III at William C. Holman Correctional Facility (ADOC)

Execution set to begin at 6pm

Kenneth Smith's execution is scheduled to begin at 6pm local time (7pm ET, 12am Friday GMT) but could be delayed because of legal action or preparation.

Authorities have a 30-hour window to carry out the execution, and that started at 12am local time (1am ET) today and will end at 6am (7am ET) tomorrow, Friday, January 26.

The execution is scheduled to take place at William C. Holman Correctional Facility in Atmore, Alabama.

Protesters are expected to gather outside the facility starting 5pm local time.

Nitrogen gas execution 'too inhumane even for animals'

Kenneth Smith's method of execution, which involves the administration of nitrogen gas through a face mask, has been deemed "cruel", with an expert warning that it even was rejected as a method to kill animals by veterinarians.

With just hours left until the planned execution, Maya Foa, the Joint Executive Director of the non-profit organization Reprieve tells TheMirror.com: "Once again, Alabama is seeking to hide the reality of what goes on in the execution chamber, switching methods to avoid having to answer questions about what went wrong last time, and now proposes to use a method that has been rejected by veterinarians as a way to kill animals."

Mystery over nitrogen execution death with fears it'll be 'incredibly painful'

As Kenneth Eugene Smith counts down the hours to the state's second attempt to execute him, one expert has warned that "we don't know" what his death will be like as a new form of execution, nitrogen hypoxia, is set to be used on the death row killer.

In a highly controversial decision, Smith will be executed using nitrogen gas, the first person to be put to death by this method in the US. The untested method has sparked pushback and fierce debate surrounding the ethics of nitrogen hypoxia as a form of execution, and now, one expert has warned that the untested nature means "we don't know what dying by nitrogen hypoxia will be like" and it could be "incredibly painful and/or distressing."

Professor J Wesley Boyd works as part of the faculty at the Center for Bioethics and is an associate professor of psychiatry at Harvard Medical School. He spoke to The Mirror about Smith's upcoming execution, and what the convict could experience as he is suffocated using nitrogen gas.

Read the full story here

Smith has had nightmares from previous botched execution

Since the horrific failed attempt of execution that Kenneth Smith went through in November 2022, he has been haunted by nightmares of being escorted back into the death chamber.

Smith told the Guardian: "I am not ready for that. Not in no kind of way. I’m just not ready, brother. All I had to do was walk into the room in the dream for it to be overwhelming. I was absolutely terrified. It kept coming up. [...] I dream that they’re coming to get me."

Recalling the crime of which he was convicted, he said: "Wish I had done things differently. One second, one moment in a man’s life. And that’s been the only incident – I’ve not had any incident with officers, not a single fight with inmates, in 35 years. Violence is not who I am."

He added: "I’ve been in prison for 35 years, how have I not been punished? Thirty-five years. I have not gone unpunished for 35 years. I have suffered doing this. So has my family."