Witness describes Alabama’s first execution by nitrogen gas

ATMORE, Ala. (WHNT) — Kenneth Eugene Smith, the man convicted of the 1988 murder-for-hire killing of Elizabeth Sennett, became the first known person to be executed by nitrogen hypoxia on Thursday.

Alabama Governor Kay Ivey’s office confirmed the execution in a statement following a failed appeal to the United States Supreme Court.

“The execution was lawfully carried out by nitrogen hypoxia, the method previously requested by Mr. Smith as an alternative to lethal injection. At long last, Mr. Smith got what he asked for, and this case can finally be put to rest. I pray that Elizabeth Sennett’s family can receive closure after all these years dealing with that great loss,” the statement read, in part.

Thursday’s execution also marked the first time a new execution method had been utilized since the 1982 introduction of lethal injection.

“It’s kind of hard to say if it went to plan, because we’ve seen state officials say [Smith] could lose consciousness within seconds, and death [could occur] within minutes,” said Lauren Layton of Nexstar’s WHNT, one of only five media witnesses present during the execution. “Now, from curtain open to curtain close, it was about 22 minutes. But did he lose consciousness within seconds? No, he didn’t.”

Layton said Smith was seen “writhing around for a few minutes” and breathing heavily for several more.

“I don’t know if that’s necessarily the plan,” Layton said. She added that John Hamm, the commissioner of the Alabama Department of Corrections, claimed he expected the reaction that took place, but also said he suspected that Smith was initially holding his breath.

Prior to his execution, Smith gave a statement just after the curtains opened to the execution chamber, at around 7:53 p.m.

“Tonight, Alabama caused humanity to take a step backward,” Smith said. “I am leaving with love, peace and light … I love you. Thank you for supporting me. I love all of you.”

The mask he wore, through which nitrogen gas would be delivered into his system, covered his entire face.

“It looks a lot like a firefighter’s mask,” Layton said. “It was outlined in blue but the front was glass, so we could see his eyes almost to the end of his nose.”

State protocol stipulated that nitrogen be administered for at least 15 minutes or “five minutes following a flatline indication on the EKG, whichever is longer.”

The curtains closed at 8:15 p.m. after Smith had appeared to stop breathing. Layton said viewers were escorted out, at which time physicians entered the chamber and ultimately pronounced Smith dead.

Despite support from Gov. Kay Ivey and Attorney General Steve Marshall, critics of the death penalty blasted Alabama for going through with the execution. Reverend Jeff Hood, Smith’s spiritual advisor, said Smith was “struggling for his life” in the execution chamber. U.S. Supreme Court Justice Sonia Sotomayor, one of three judges who dissented from the court’s decision to deny Smith a stay of execution, admonished Alabama for what she called an “experiment … with a human life.”

“Having failed to kill Smith on its first attempt, Alabama has selected him as its ‘guinea pig’ to test a method of execution never attempted before,” Sotomayor said. “The world is watching.”

Sennett’s sons also spoke to the media at Holman Correctional, where the execution was carried out.

“Nothing happened here today is going to bring Mom back. It’s kind of a bittersweet day. We are not going to be jumping around, whooping and holler, hooray and all that,” said Mike Sennett. “I’ll end by saying Elizabeth Dorlene Sennett got her justice tonight.”

Smith, 58, had been charged for the murder-for-hire-killing of Elizabeth Dorelene Sennett in Colbert County in 1988. Court records show Smith says he was paid $1,000 for the killing by the victim’s husband, Colbert County minister Charles Sennett Sr., who died by suicide before facing charges.

At the time of his conviction, a jury recommended he be sentenced to death, but that conviction was overturned on appeal. He was retried and convicted of capital murder again in 1996.

A jury recommended Smith be sentenced to life in prison in an 11-1 vote, but the judge in the case overrode the decision and sentenced him to death.

Smith had been scheduled for lethal injection in 2022, though the procedure was called off at the last minute when authorities couldn’t connect an IV line.

The Associated Press contributed to this report.