Alabama
Alabama to introduce first new method of execution since 1982
MONTGOMERY, Ala. — Alabama is preparing to use a new method of execution: nitrogen gas.
Kenneth Eugene Smith, who survived the state’s previous attempt to put him to death by lethal injection in 2022, is scheduled to be put to death Thursday by nitrogen hypoxia. If carried out, it would be the first new method of execution since lethal injection was introduced in 1982.
The state maintains that nitrogen gas will cause unconsciousness quickly but critics have likened the never-used method of execution to human experimentation.
What is nitrogen hypoxia?
Nitrogen hypoxia execution would cause death by forcing the inmate to breathe pure nitrogen, depriving him or her of the oxygen needed to maintain bodily functions.
Has it ever been used?
No state has used nitrogen hypoxia to carry out a death sentence. In 2018, Alabama became the third state — along with Oklahoma and Mississippi — to authorize the use of nitrogen gas to execute prisoners.
Some states are looking for new ways to execute inmates because the drugs used in lethal injections, the most common execution method in the United States, are increasingly difficult to find.
How is it supposed to work?
Nitrogen, a colorless, odorless gas, makes up 78% of the air inhaled by humans and is harmless when breathed with proper levels of oxygen.
The theory behind nitrogen hypoxia is that changing the composition of the air to 100% nitrogen will cause Smith to lose consciousness and then die from lack of oxygen.
Much of what is recorded in medical journals about death from nitrogen exposure comes from industrial accidents — where nitrogen leaks or mix-ups have killed workers — and suicide attempts.
What does the state plan to do?
After Smith is strapped to the gurney in the execution chamber, the state said in a court filing that it will place a “NIOSH-approved Type-C full facepiece supplied air respirator” — a type of mask typically used in industrial settings to deliver life-preserving oxygen — over Smith’s face.
The warden will then read the death warrant and ask Smith if he has any last words before activating “the nitrogen hypoxia system” from another room. The nitrogen gas will be administered for at least 15 minutes or “five minutes following a flatline indication on the EKG, whichever is longer,” according to the state protocol.
The state heavily redacted sections of the protocol related to the storage and testing of the gas system.
The Alabama attorney general’s office told a federal judge that the nitrogen gas will “cause unconsciousness within seconds, and cause death within minutes.”
What are the criticisms?
Smith’s attorneys say the state is seeking to make him the “test subject” for a novel execution method.
They have argued that the mask the state plans to use is not air tight and oxygen seeping in could subject him to a prolonged execution, possibly leaving him in a vegetative state instead of killing him. A doctor testified on behalf of Smith that the low-oxygen environment could cause nausea, leaving Smith to choke to death on his own vomit.
Experts appointed by the United Nations Human Rights Council earlier this month cautioned that, in their view, the execution method would violate the prohibition on torture and other cruel, inhuman or degrading punishment.
The American Veterinary Medical Association wrote in 2020 euthanasia guidelines that nitrogen hypoxia can be an acceptable method of euthanasia under certain conditions for pigs but not for other mammals because it creates an “anoxic environment that is distressing for some species.”
Is this the same as the gas chamber?
Not exactly. Some states previously used hydrogen cyanide gas, a lethal gas, for executions. The last prisoner to be executed in a U.S. gas chamber was Walter LaGrand, the second of two German brothers sentenced to death for killing a bank manager in 1982 in southern Arizona. It took LaGrand 18 minutes to die in 1999.
Who is the inmate?
Smith was one of two men convicted of the 1988 murder-for-hire of a preacher’s wife. Prosecutors said Smith and the other man were each paid $1,000 to kill Elizabeth Sennett on behalf of her husband, who was deeply in debt and wanted to collect insurance money.
Alabama attempted to execute Smith in 2022 by lethal injection. He was strapped to the gurney in the execution chamber being prepared for lethal injection, but the state called off the lethal injection when execution team members had difficulty connecting the second of two required intravenous lines to Smith’s veins. Smith was strapped to the gurney for nearly four hours, according to his lawyers, as he waited to see if the execution would go forward.
Are there legal challenges?
The question of whether the execution can proceed will end up before the U.S. Supreme Court.
The 11th U.S. Circuit Court of Appeals heard arguments Friday in Smith’s request to block the execution. After the court rules, either side could appeal.
Smith has argued that the state’s proposed procedures violate the ban on cruel and unusual punishment. He has also argued that Alabama violated his due process rights by scheduling the execution when he has pending appeals and that the face mask will interfere with his ability to pray.
In a separate case, Smith is arguing it would violate the constitutional ban on cruel and unusual punishment for the state to make a second attempt to execute him after he already survived one execution attempt. Lawyers for Smith on Friday asked the U.S. Supreme Court to stay the execution to consider that question.
What is potentially at stake?
Lethal injection is the most commonly used execution method in the United States, but death penalty states have struggled at times to obtain the needed drugs or encountered other problems in connecting intravenous lines.
If the Alabama execution goes forward, other states may seek to start to using nitrogen gas.
If the execution is blocked by the court or botched, it could halt or slow the pursuit of nitrogen gas as an alternative execution method.
Alabama
Alabama ‘Fully Aware’ of Losing Streak to Tennessee Ahead of Road Rematch
TUSCALOOSA, Ala. — Losing to a rival almost always hurts more than falling to another opponent during the regular season. Years of hatred, unforgettable moments and tradition boiled up into one game, and the delivery is nowhere to be found for one team.
No. 17 Alabama has won seven straight games and is eyeing an eighth on Saturday on the road against No. 22 Tennessee. This is the second time that Crimson Tide will face the Volunteers, as Alabama lost in Tuscaloosa in January.
The loss a month ago to head coach Rick Barnes and company brought UA’s losing streak against Tennessee to five games. It’s the first time that the Tide has dropped this many games to the Vols since 1968-72 — a streak that came two years before Alabama head coach Nate Oats was born (Oct. 13, 1974). It’s why Oats is not treating Tennessee as a faceless opponent or like any other team the Tide has faced.
“Every year we’ve been here they’ve caused us issues,” Oats said during Friday’s press conference. “Our players, are fully aware that we’ve lost five in a row. They’re fully aware of what happened out there last year. I’ve taken ownership for my share of what happened up there last year.
“We’re fully aware that they beat us at home. We haven’t lost very many home games in conference, period, really since we’ve been here, and they handed us one this year.”
After falling to Florida on Feb. 1, Alabama moved down to the ninth spot in the conference standings, and the college basketball world started to question whether or not the Crimson Tide would be a threat in the postseason.
But a switch flipped after that loss, and the current winning streak has Alabama tied for the No. 2 spot in the SEC standings. Everything seems to be trending in the Tide’s direction, as there are only three games remaining on the schedule.
Oats is in his sixth year as Alabama’s head coach. Following the retirement of former Auburn head coach Bruce Pearl during the offseason, Oats became the second-longest tenured coach for one team in the conference. The coach in front of him: Tennessee’s Rick Barnes, who has held his position since the 2015-16 season.
Both Alabama and Tennessee have finished conference play in the top-4 of the standings since the 2022-23 season. The Crimson Tide was the regular-season and SEC Tournament champions in both the 2020-21 and 2022-23 seasons, while the Vols won the 2022 SEC Tournament and were the conference’s regular-season champions in 2023-24.
“So our guys know, but at the same time, we’ve got a lot of respect for how they play and what they do. We’ve got to come in with a healthy amount of respect for them, but we got to try to win this game.
“There’s a lot riding on this game. What happens in Arkansas-Florida, you’re either going to be all alone in second place if we could get a win, or you’re going to be one game out first. If you take a loss, now you’re in danger of losing a top-4 seed. They’ll be tied with us if we take a loss.”
“So there’s a lot riding on the SEC standings in this game here. They know that. They know what our struggles against Tennessee have Been as well.”
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Alabama
Selmont seeks incorporation to become independent Alabama city
SELMONT, Ala. (WSFA) – An unincorporated community in Dallas County is seeking to establish itself as an independent city, hoping to gain control over local government services and community priorities that have long been managed at the county level.
Selmont, located across the Edmund Pettus Bridge from Selma, is home to approximately 2,700 registered voters and carries a significant place in civil rights history.
The community was the site of a pivotal moment during the Bloody Sunday march in 1965, when roughly 600 civil rights marchers were tear-gassed by Alabama state troopers, including 13-year-old Mae Richmond.
“People ask us ‘Were we afraid?’ No. We were not afraid. We were not afraid, first of all, even as a 13-year-old child, we knew that we were doing what God was permitting us to do,” Richmond, a 60-plus year resident of Selmont, said of the historic event.
As an unincorporated community, Selmont lacks its own municipal government. Residents must contact the Dallas County Commissioner for public works services. It’s a situation that community leaders say limits responsiveness to local needs.
Erice Williams, a community activist leading the incorporation effort, said the change would fundamentally alter how the community operates.
“It would give us decision power and allow us to get funding that we can allocate to our own community that we can make our own priorities be clear and resolved at the same time,” Williams said.
Williams also highlighted the strain on current county services. “Connel Towns (county commissioner) is the only person we have to call, and the resources and time that he would have to serve our community is very limited,” he said.
Operation Selmont, the group spearheading the incorporation effort, is currently gathering signatures on a petition to present to the local probate judge. The organization needs approximately 500 signatures to move forward with the incorporation process and has already collected 40 percent of its goal.
The next meeting for Operation Selmont is scheduled for March 6 at 6 p.m.
For longtime residents like Richmond, incorporation represents an opportunity to ensure Selmont’s future and maintain its identity for generations to come.
“That we will be able to teach and train our children to give them the strength that our foreparents had that they will be able to stand up for justice and for equality,” Richmond said of her hopes for the community’s future.
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Alabama
Report: Sen. Tuberville, Speaker Ledbetter uniting behind proposal to close Alabama party primaries: ‘Democrats shouldn’t be voting in our elections’
U.S. Senator Tommy Tuberville and Alabama House Speaker Nathaniel Ledbetter (R-Rainsville) announced support on Thursday for closing Alabama’s primary elections to only registered members of each party.
Alabama does not currently have party registration. Instead, voters choose a party ballot at the polls. State law also bars voters from switching parties between a primary and that cycle’s runoff.
Tuberville (R-Auburn) said during a press call with in-state reporters that Democrats have no place voting in Republican elections in Alabama.
“There’s a lot of talk about this,” Tuberville said.
“I’ve spoken with Speaker Ledbetter and we agree that we have to do something about Democrats voting in our elections. They shouldn’t be doing it. I know he’s moving a bill forward very very soon as we speak, and if we can get that done, I think it’s gonna help the cause of the conservative Republicans in the State of Alabama.”
Under Alabama’s current open primary system, any registered voter can participate in either party’s primary without declaring a party affiliation.
Voters simply choose which party’s ballot they want at the polls. Alabama does not require partisan voter registration, meaning residents register without declaring themselves a Republican or Democrat.
The push to close the Republican primary is not new.
The Alabama Republican Party (ALGOP) passed a resolution in 2022 calling on the Alabama Legislature to require party registration before voters can participate in a party’s primary, but the Legislature did not act on it at the time.
Closing the primary would require changing state law under Ala. Code 17-13-7, which governs the existing open primary system.
“I am proud to work with Coach Tuberville to begin the process of closing Alabama’s primary elections,” Ledbetter said in a statement on Thursday after lawmakers adjourned from the 17th day of the 2026 legislative session.
“Alabamians have made it clear that this is the direction our state needs to begin moving in, and I am committed to doing just that. Whether it was passing school choice, banning DEI, or making Alabama the most pro-life state in the nation, the Alabama Legislature has consistently delivered on its commitment to conservative governance, and we will do the same on this issue. We are in the process of reviewing the proposals before us and are eager to get the ball rolling.”
Sawyer Knowles is a capitol reporter for Yellowhammer News. You may contact him at [email protected].
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