More than a quarter of all inmates currently on Alabama’s death row have chosen nitrogen gas as their execution method, and those decisions were made before the state used the gas for the first time to kill Kenneth Eugene Smith, state officials say.
Smith, 58, was executed Thursday night at the William C. Holman Correctional Facility in Atmore by nitrogen hypoxia, a method never before used on humans. There are 164 inmates on death row, according to data from the Alabama Department of Corrections. In a Friday morning news conference, Alabama Attorney General Steve Marshall said 43 inmates have chosen the method.
Inmates chose the method before the state established protocol for nitrogen hypoxia execution and before Smith was put to death. The prison system did not respond an email asking whether inmates will be given the opportunity to change their decision from nitrogen hypoxia to lethal injection or electrocution, the other two legal means of execution in Alabama.
During the execution, Smith writhed and convulsed for two to four minutes before apparently passing out after the gas began running into his full face mask. While apparently unconscious, he continued to gasp for air and contort for another two minutes. In legal proceedings held before the execution, the AG’s office entered briefs saying Smith should lose consciousness in a matter of “seconds,” and death should occur in a matter of “minutes.”