- Smith, 57, has been on death row since 1996 for a gruesome 1988 murder
- Last year, prison nurses tried to execute him with lethal injection, but failed
- He sued, saying it would violate his right to be subjected to it again
- The Alabama Supreme Court decided today that he will instead be executed for nitrogen hypoxia
An Alabama court has agreed to put death row inmate Kenneth Eugene Smith to death with nitrogen gas instead of lethal injection after a failed attempt last year.
Smith was sentenced to death in 1996 after admitting to killing the wife of a preacher-for-hire, who was beaten and stabbed in 1988.
Last November, prison staff tried to execute him by lethal injection, but they were unable to find an intravenous connection.
Smith was sentenced to death in 1996 after admitting to killing the wife of a preacher-for-hire, who was beaten and stabbed in 1988.
By the time they did, the midnight deadline for killing him had passed.
He and his lawyers appealed to the court to prevent a second lethal injection, claiming he was in excruciating pain the entire time.
Alternatively, he now becomes the first death row inmate ever murdered with nitrogen gas.
Although it has been legal since 2018, it has not yet been used on any prisoners.
Alabama Attorney General Steve Marshall said in a statement: “The family of Elizabeth Sennett has unconscionably waited 35 years for justice.
“Today, the Alabama Supreme Court cleared the way for the execution of Kenneth Smith for nitrogen hypoxia for the 1988 murder-for-hire death of Elizabeth.
“Although the wait has been far too long, I am grateful that our talented trial attorneys have brought this case close to a successful conclusion.”
Alabama Attorney General Steve Marshall celebrated the decision today