1 year, 4 months ago

Alabama inmate asks judge to block first nitrogen gas execution

MONTGOMERY, Ala. — Lawyers for the first inmate scheduled to be put to death with nitrogen gas argued in Monday court filings that Alabama is seeking to make him the “test case” for an experimental execution method and asked a federal judge to the block the January execution. They noted in the filing that the American Veterinary Medical Association wrote in 2020 euthanasia guidelines that nitrogen hypoxia is an acceptable method of euthanasia for pigs but not other mammals because it could create an “anoxic environment that is distressing for some species.” Smith was one of two men convicted in the 1988 murder-for-hire slaying of Elizabeth Sennett in northwestern Alabama. Smith’s attorneys also argued Alabama violated his due process rights by scheduling the execution when he had ongoing appeals — arguing it would be unconstitutional for the state to make a second attempt to execute him after the failed 2022 lethal injection — and that the gas mask over his face would interfere with his right to make a final statement or audibly pray before he is put to death. The state in August began seeking a court date for Smith using nitrogen hypoxia as the execution method.

Associated Press

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