Live Updates: Alabama Set To Attempt World's First Nitrogen Gas Execution

ATMORE, AL — Tuscaloosa Patch is in Atmore as the Alabama Department of Corrections (ADOC) is set to move forward with the world's first execution carried out by nitrogen gas at the William C. Holman Correctional Facility.

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As has been widely reported, ADOC plans to use the untested method to execute convicted murderer Kenneth Eugene Smith at 6 p.m.

Smith is on death row for his role in a 1988 murder-f0r-hire plot in Colbert County.

His accomplice in the murder, John Forrest Parker, was executed by lethal injection in 2010 and Smith was scheduled to meet the same fate in November 2022. However, this attempt failed when officials carrying out the execution were unable to find the necessary veins before time expired on the death warrant.

Alabama ultimately agreed in a settlement with Smith that the state would not pursue his execution by lethal injection, opting instead for nitrogen hypoxia.

We will be posting time-stamped updates here throughout the evening as additional details come in.

3 p.m.

We are presently in the media center near the Fountain Correctional Facility and were just briefed on all of the protocols for today.

ADOC will have five media witnesses from different outlets: AL.com, the Associated Press, Alabama Reflector, the Montgomery Advertiser and WHNT. Protocol for executions in Alabama allow for one reporter from the Associated Press; two print reporters, including one reporter from within the county or closest to the county of conviction; and two broadcast/online reporters, including one reporter from within the county or closest to the county of conviction.

Perhaps the biggest development overnight saw ADOC choose to deny Smith all solid food for up to 20 hours starting at 10 a.m. Thursday.

The Equal Justice Initiative says this pivot was made after lawyers insisted that Smith had been vomiting continuously for several days — likely due to post-traumatic stress disorder from the first failed execution attempt.

In December, Smith's attorney presented expert evidence that Smith could vomit while fitted with a mask and possibly aspirate or choke to death on his own vomit.

The state has not refuted such claims and instead of postponing the execution, chose to deprive Smith of food in the hours before his execution.

An ADOC spokesperson also said Smith's family chose to remain anonymous and would not be releasing a statement through the agency following the execution.

5:45 p.m.

ADOC Thursday evening released details regarding Smith's last 24 hours ahead of his execution by nitrogen gas, set for 6 p.m.

Smith reportedly refused breakfast on Wednesday and received a lunch tray but did not eat. He was observed drinking a Mountain Dew and a Pepsi. He received an evening meal, which he partially ate, and also had some coffee.

Smith had several visitors Wednesday, such as his spiritual advisor Rev. Jeffery Hood and several family members, including his wife and son.

On Thursday, he had many of the same visitors and was observed drinking coffee, Sprite and bottled water. He also accepted breakfast Thursday morning, eating two biscuits, eggs, grape jelly, applesauce and orange juice.

For his final meal, which he accepted and ate sometime before the 10 a.m. cutoff set by ADOC, Smith chose steak, hash browns and eggs.

As of the publication of this update, there has been no word as to the pending legal challenges for the execution.

7 p.m.

The U.S. Supreme Court has denied a requested stay of execution for Smith, with the high court's three liberal associate justices dissenting. This means the execution can proceed as planned.

The five reporters chosen as state witnesses left the media center at 7 p.m. for death row at the William C. Holman Correctional Facility. Upon their return, the pool reporters will read their collective notes and ADOC officials will also hold a press conference.

Alabama Gov. Kay Ivey has set a 30-hour time frame for the execution to occur, which began at
12 a.m. Thursday and is set to expire at 6 a.m. on Friday.

In her dissenting opinion, Associate Justice Sonia Sotomayor wrote: "The details are hazy because Alabama released its heavily redacted protocol under five months ago. What Smith knows is that he will be strapped to a gurney. He will wear a nitrogen-supplying, off-the-rack mask for which the State has not fitted him or even tried on him. Once the nitrogen is flowing into the mask, his executioners will not intervene and will not remove the mask, even if Smith vomits into it and chokes on his own vomit."

8:40 p.m.

ADOC confirms that Kenneth Eugene Smith was pronounced dead at 8:25 p.m. after the curtain in the execution chamber went up at 7:53 p.m.

9 p.m.

ADOC Commissioner John Hamm spoke with members of the media and was asked about Smith shaking and writhing on the gurney in the execution chamber for two minutes once the nitrogen started flowing. Hamm said the nitrogen flowed for 15 minutes.

He also said ADOC officials believe the movements by Smith were expected and nothing out of the ordinary.

The family of Elizabeth Sennett, the woman murdered by Smith and Parker, also spoke to the media following the execution and said they had already forgiven all of the men involved now that all of them are dead.

Witnesses reported Smith's final statement began with "Tonight, Alabama causes humanity to take a step backwards."

Smith also made an "I love you" sign in American Sign Language as he lay on the gurney and before the nitrogen canister was turned on.

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