Court filings are providing new details of what happened in the nation's first execution using nitrogen gas. Kenneth Smith was executed in Alabama on Jan. 25. A corrections officer said in a sworn statement that Smith had normal blood oxygen levels for longer than he expected. The state theorized that was because Smith was holding his breath.
MONTGOMERY, Ala. — A corrections officer who helped carry out the nation’s first nitrogen gas execution said in a court document that the inmate had normal blood oxygen levels for longer than he expected before the numbers suddenly plummeted.
As the state of Alabama plans additional nitrogen gas executions, questions and disagreements continue over what happened at the first one. A federal judge on Tuesday will hear arguments in a request to block the state from executing Alan Miller by nitrogen gas in September in what would be the nation’s second nitrogen execution.
Attorneys for Miller responded that the state has no evidence to back up that claim and said it would be impossible for someone to hold their breath for as long as the execution took. Instead, they suggested other problems with the mask accounted for the delay. The court filing, which was later placed under seal, indicated that the nitrogen gas was flowing for at least 10 minutes. Bickler wrote that he that he understands that Alabama’s “execution log states that 10 minutes passed in between the initiation of the flow of nitrogen gas to Mr. Smith” and when the corrections’ officer performed a consciousness check on Smith.Miller with nitrogen gas on Sept. 26.
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