Alabama

Alabama calls nitrogen execution method 'painless' and 'humane,' but critics raise doubts

Published

2 years ago

January 23, 2024

Alabama calls nitrogen execution method 'painless' and 'humane,' but critics raise doubts

MONTGOMERY, Ala. – Alabama, unless stopped by the courts, intends to strap inmate Kenneth Eugene Smith to a gurney and use a gas mask to replace breathable air with nitrogen, depriving him of oxygen needed to stay alive, on Thursday in the nation’s first execution attempt with the method.

The Alabama attorney general’s office told federal appeals court judges last week that nitrogen hypoxia is “the most painless and humane method of execution known to man.” But what exactly Smith, 58, will feel after the warden switches on the gas is unknown, some doctors and critics say.

“What effect the condemned person will feel from the nitrogen gas itself, no one knows,” Dr. Jeffrey Keller, president of the American College of Correctional Physicians, wrote in an email. “This has never been done before. It is an experimental procedure.”

Keller, who was not involved in developing the Alabama protocol, said the plan is to “eliminate all of the oxygen from the air” that Smith is breathing by replacing it with nitrogen.

“Since the condemned person will not be breathing any oxygen, he will die,” Keller said. “It is little different than putting a plastic bag over one’s head.”

The state of Alabama has predicted in federal court filings that the nitrogen gas will “cause unconsciousness within seconds, and cause death within minutes.”

The state plans to place a “full facepiece supplied air respirator” over Smith’s face. The nitrogen would 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 execution would be the first attempt to use a new method since lethal injection was introduced in 1982. Three states — Alabama, Mississippi and Oklahoma — have authorized nitrogen hypoxia as an execution method. Some states are exploring new methods as lethal injection drugs have been difficult to find.

The American Veterinary Medical Association wrote in 2020 euthanasia guidelines that nitrogen hypoxia is not an acceptable euthanasia method for most mammals because the anoxic environment “is distressing.” And experts appointed by the United Nations Human Rights Council cautioned they believe the execution method could violate the prohibition on torture.

Dr. Joel Zivot, an anesthesiologist who as one of four professionals who filed the U.N. complaint that led to the warning, said Smith is at risk for seizures and choking to death on his own vomit. He said any leak under the mask could prolong the execution.

“A leak will do two things. It will potentially endanger people around. … Air could then get under the mask as well,” Zivot said. “And so the execution could be prolonged or maybe he might never die, he just could get injured.”

Much of what is recorded about death from nitrogen comes from industrial accidents — where leaks or cannister mix-ups have killed people — and from suicide attempts. The U.S. Chemical Safety and Hazard Investigation Board found 80 people were killed by nitrogen asphyxiation between 1992 and 2002.

Smith was one of two men convicted of the 1988 murder-for-hire of a preacher’s wife. Prosecutors said the men were paid $1,000 to kill Elizabeth Sennett, 45, on behalf of her husband, who wanted to collect on insurance. The coroner testified Sennett was stabbed repeatedly. Her husband killed himself when he became a suspect. John Forrest Parker, the other man convicted, was executed in 2010.

The victim’s son, Charles Sennett Jr., said in an interview with WAAY-TV that Smith “has to pay for what he’s done.” He and other family members plan to witness the execution.

“And some of these people out there say, ‘Well, he doesn’t need to suffer like that.’ Well, he didn’t ask Mama how to suffer?” the son told the station. “They just did it. They stabbed her — multiple times.”

Smith’s initial conviction was overturned. He was convicted again in 1996. The jury recommended a life sentence by 11-1, but a judge sentenced Smith to death. Alabama no longer allows a judge to override a jury’s sentencing decision in death penalty cases.

Smith is one of few people to survive a prior execution attempt. The state attempted a lethal injection in 2022, but the prison system called it off before the drugs were administered because the staff had difficulty connecting the two required intravenous lines.

Smith’s attorneys are asking courts to block the nitrogen execution, arguing that its unconstitutional for the state to make a second attempt to execute him and that the state’s plan violates the ban on cruel and unusual punishment and at least merits more scrutiny before it is used.

“It’s indefensible for Alabama officials to simply dismiss the very real risks this untested method presents and experiment on a man who has already survived one execution attempt,” Robin M. Maher, executive director of the Death Penalty Information Center, said.

The Alabama attorney general’s office noted that Smith, when previously fighting lethal injection, had suggested nitrogen as an alternative execution method. Courts require inmates challenging their execution method to suggest an alternative method.

“Now that the State is prepared to give Smith what he asked for, he objects,” the attorney general’s office said in a Monday statement.

The inmate’s spiritual adviser said Smith is afraid of what is about to happen to him.

“Presently, Kenny is sickened, deeply pained and horrified at the nitrogen hypoxia experiment that is to come,” the Rev. Jeff Hood, a death penalty opponent, said. “Despite the darkness that has descended, he tries very hard to fill every second he might have left with as much love as he can muster.”

Several protests are planned in the state. A group of faith leaders delivered a petition to the state’s governor on Monday asking her to halt the execution. “Prisoners are not guinea pigs,” the Rev. Shane Isner of First Christian Church said on the Capitol steps.

Alabama Gov. Kay Ivey told The Associated Press last week that the state was ready to proceed.

“Execution by that method was passed in 2018,” Ivey said. “The attorney general’s office and the Department of Corrections has assured us that all the protocols are in place, and we will carry out that law.”

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Alabama

Can Alabama carry the banner for the SEC to the Final Four?

Published

11 hours ago

March 24, 2026

Press Room

Can Alabama carry the banner for the SEC to the Final Four?

OK, now it’s time to get real.

The first 2 rounds of the NCAA Tournament are annually chock-full of buzzer-beaters and 1-game wonders and upsets and choke-jobs. And boy did we get them all in the 2026 version of March Madness.

But now it’s time to get real.

That first weekend served as a very real reminder of the 1-and-done finality of the NCAA Tournament – where a barely-in squad like Texas stands tall after 3 games in 5 days while a supposed dynasty like Florida didn’t even escape the second round.

Without the mighty Gators, the question at hand is this: Does Alabama have what it takes to represent the SEC all the way to the Final Four?

After 2 games, at least, it would appear the answer is trending toward “yes.” Sure, pulling away from Hofstra in the first round in the Midwest Regional in Tampa looked better scanning the final stats than it did at the 35-minute mark with the Pride trailing by just 5. But the second-round squashing of Texas Tech sent a smidge of shockwave around the country for the ease in which the Crimson Tide advanced to the Sweet 16.

Why? Because after Aden Holloway disappeared into a cloud of his own (alleged) smoke, many would have pegged Alabama as a second-round departure fighting TSA lines on the way back to Tuscaloosa.

Instead, Nate Oats’ squad got better between Friday and Sunday – which isn’t great news for No. 1-seed Michigan. It’s as if it took the Tide those 35 minutes against Hofstra to figure out how to play as an elite team without Holloway and then proceeded to use that knowledge to bludgeon the Red Raiders with 19 3-pointers and a cakewalk victory.

Surviving the Wolverines won’t be a cakewalk. No. 1 seeds aren’t supposed to be easy outs. The 3 non-Florida No. 1s won their second-round games by an average of 26.7 points – with Michigan swarming past ninth-seeded Saint Louis 95-72.

But Alabama could well be uniquely suited to be the team to hand Michigan just its fourth loss of the season when the 2 teams meet Friday in Chicago’s United Center (7:35 p.m. ET, TBS/truTV). For starters, the Crimson Tide test a scoreboard operator even more than the Wolverines – leading the nation at 91.6 points per game (the Wolverines aren’t shabby either at 87.4 ppg) and ranking among the top 10 nationally in efficiency at 1.188 points per possession.

Alabama currently has an 18% chance to beat Michigan in the Sweet 16, per Kalshi:

Alabama has also uniquely turned Holloway’s absence into a positive, in that it has been a showcase for the Tide’s absurd bench depth – especially in the low post where Michigan feasts. Cycling in 7-footer Noah Williamson, Amari Allen, Taylor Bol Bowen and even London Jemison keeps the machine running at near-Mach speed.

And while Labaron Philon Jr. was perhaps the lone ineffective Alabama player against Texas Tech (9 points but with 12 assists), he also can single-handedly take over games – proof of concept coming via both his 29-point effort against Hofstra in the first round and his 35-point barrage against Arkansas on Feb. 18.

There is also a matter of being there before. The Tide are just 2 years removed from their first-ever Final Four appearance, and while only Latrell Wrightsell was on that 2023-24 Tide team that lost to UConn in the national semifinals, the current roster was built on the back of that unit. Michigan, on the other hand, hasn’t been to the Final Four since 2018.

Of course, Michigan isn’t the only team Alabama will have to worry about in the Windy City. The second-seeded Iowa State Cyclones and the sixth-seeded Tennessee Volunteers tussle in the other Midwest semifinal – but the Tide nipped Tennessee in Knoxville just last month and Iowa State simply hasn’t seen the kind of track meet the Tide can produce.

For Alabama to carry the SEC banner to the Final Four, though, taking down the big, bad Wolverines will be the key. That Michigan disdains shot-clock violations almost as much as Alabama actually plays into the Tide’s hands, so the resulting 40-minute sprint is bound to give a double-digit underdog a chance.

Is it a puncher’s chance? Sure. Is it the kind of odds that keep the lights in Vegas twinkling 24/7? Maybe. But survive Michigan, and Alabama could well be the best chance for SEC to represent in the Final Four now that the road to Indianapolis is almost complete.

Here are the latest Final Four odds, via Kalshi:

An APSE national award-winning writer and editor, David Wasson has almost four decades of experience in the print journalism business in Florida and Alabama. His work has also appeared in The New York Times, The Washington Post, the Los Angeles Times and several national magazines and websites. His Twitter handle: @JustDWasson.

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Alabama

Lawsuit accuses University of Alabama of censorship in ending student magazines

Published

23 hours ago

March 23, 2026

Press Room

Lawsuit accuses University of Alabama of censorship in ending student magazines

MONTGOMERY, Ala. — Students at the University of Alabama filed a federal lawsuit Monday challenging the suspension of two student-run magazines — one primarily focused on Black students and another on women’s issues

The lawsuit accuses university officials of engaging in censorship and viewpoint-based discrimination.

University officials in December informed the editors of the magazines Nineteen Fifty-Six and Alice that they were immediately stopping the magazines. A university official told editors that the problem was that the magazines had a perceived target audience and cited guidance from President Donald Trump’s administration regarding diversity, equity and inclusion programs on college campuses, according to the lawsuit.

The lawsuit accuses university officials of violating the First Amendment rights of students and asks for the magazines to be reinstated

“These student magazines — unlike other student publications at the University — were suspended and defunded by UA because UA administrators disfavor their editorial perspectives related to race and gender,” the lawsuit states.

The plaintiffs are students who wrote for the magazines. The students are represented by attorneys at the Southern Poverty Law Center, the Legal Defense Fund and the ACLU of Alabama.

“Students at the University of Alabama deserve the right to freely express themselves, including their viewpoints shaped by their experiences as women and Black people,” said Sam Boyd, a senior supervising attorney at the Southern Poverty Law Center. “Their lived experiences are valid, important to the fabric of this country’s history and should be shared without interference.”

Alex House, a spokesperson for the University of Alabama, said the university has no plans to comment on the pending litigation. House said in December that the university remains committed to supporting all students and “in doing so, we must also comply with our legal obligations.”

The decision to stop the magazines prompted protests on campus.

Nineteen Fifty-Six is named after the year the first Black student, Autherine Lucy Foster, was allowed to enroll at the university. It has been in publication for the past five years. A recent edition included an article on the experiences of international students and another on the importance of “creating camaraderie on campus” amid diversity program rollbacks.

Alice had been published for 10 years. The most recent issue of Alice included beauty content, such as alternatives for high-end cosmetics, and more political pieces about misogyny in heavy metal music and an article on the politics of reproductive issues.

Neither magazine restricted who could work on staff.

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Alabama

Cooler, quieter weather settles into Alabama after warm weekend

Published

1 day ago

March 23, 2026

Press Room

Cooler, quieter weather settles into Alabama after warm weekend

COOLER: After a weekend with highs well into the 80s, we expect a high in the 68-76 degree range across Alabama today with a good supply of sunshine. Tonight will be clear and cool with lows in the 40s and 50s.

The weather stays unusually quiet for the rest of the week (for late March). We might consider mentioning a small risk of a shower Wednesday, but the weather will be generally rain-free with afternoon highs rising back into the low to mid 80s by Thursday and Friday.

THE WEEKEND: At this point the weekend looks dry and cooler. Highs both days between 66 and 74 degrees; mostly sunny days and fair nights.

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And, the latest global model output suggests the dry pattern continues into the first half of next week. It will be sometime in early April before we experience our next widespread rain/storm event

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