Alabama could be first state to execute prisoner by breathing nitrogen

The Alabama attorney general’s office on Friday asked the state Supreme Court to set an execution date for Kenneth Eugene Smith using the new method.

Alabama is seeking to become the first state to execute a prisoner by making him breathe pure nitrogen.

Alabama authorized nitrogen hypoxia in 2018 amid a shortage of drugs used to carry out lethal injections, but the state has not attempted to use it until now to carry out a death sentence. Oklahoma and Mississippi have also authorized nitrogen hypoxia, but have not used it. Alabama attempted to execute Smith by lethal injection last year, but called off the execution because of problems inserting an IV into his veins. It was the state’s second such instance within two months of being unable to put an inmate to death and its third since 2018. The day after Smith's aborted execution, Gov. Kay Ivey announced a pause on executions to conduct an internal review of lethal injection procedures. The state resumed lethal injections last month.

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