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Alabama death row inmate opposes being ‘test subject’

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Alabama death row inmate opposes being ‘test subject’


Death row inmate Kenneth Eugene Smith responded Friday to Alabama’s request to set a date for his execution by nitrogen hypoxia, a method not used by any state.

In the response filed with the Alabama Supreme Court, attorney Andrew Johnson, gave three reasons opposing the motion by Attorney General Steve Marshall asking the court to set Smith’s execution date.

First, Johnson wrote that the request was premature because, contrary to the state’s request, Smith has not exhausted his appeals. Johnson wrote that Smith has an appeal pending with the Alabama Court of Criminal Appeals.

Second, Johnson objected to the state’s move to make Smith the first inmate scheduled for execution by nitrogen hypoxia.

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“The State seeks to make Mr. Smith the test subject for the first ever attempted execution by an untested and only recently released protocol for executing condemned people by the novel method of nitrogen hypoxia,” Johnson wrote.

The Alabama Legislature approved nitrogen hypoxia executions in 2018 as an alternative to lethal injection. The state gave death row inmates a chance to opt for lethal injection that year. About 50 inmates did so, but Smith did not. Johnson wrote that there are death row inmates who have exhausted their appeals who opted for nitrogen hypoxia.

Third, although Alabama released a protocol for nitrogen hypoxia in a court document, Smith said it was “so heavily redacted that it is unintelligible in places.”

“It is critical that Mr. Smith be afforded an opportunity to assess fully whether the State’s proposed procedures for executing him comply with constitutional requirements because neither ADOC (Alabama Department of Corrections) or any other state or the federal government has executed anyone by nitrogen hypoxia.”

Johnson said Smith has requested an unredacted protocol but has not received it.

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Smith was twice convicted by juries for the murder-for-hire of Elizabeth Dorlene Sennett in her home in Colbert County in 1988. Sennett was a pastor’s wife who was beaten and stabbed. Smith confessed to his role in the crime. Smith has been on death row since 1996.

Alabama tried to execute Smith by lethal injection in November 2022 but stopped the procedure because workers were unable to start an intravenous connection before the execution warrant expired at midnight.

Alabama also had to call off the execution of Allen Eugene Miller in September 2022 because the execution team could not tap his veins.

In a federal lawsuit, Smith sought to block a second attempt to execute him by lethal injection, alleging it would subject him to cruel and unusual punishment. Smith claimed he was strapped to a gurney and poked with needles for several hours during the unsuccessful attempt to tap his veins.

State officials have told the federal court they will not try again to execute Smith by lethal injection. Instead, Attorney General Marshall asked the Alabama Supreme Court to set a date to execute Smith by nitrogen hypoxia. The state made that request on August 25. Friday was the deadline for Smith to respond.

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The state has noted that Smith, as part of his lawsuit to avoid lethal injection, supported his argument by saying the state had an alternative method available, nitrogen hypoxia. Smith claims that does not waive his right to challenge nitrogen hypoxia.

Alabama’s redacted protocol for nitrogen hypoxia says the condemned inmate will be on a gurney and have a mask placed on his face. It says the nitrogen gas will be administered for 15 minutes or for five minutes following a flatline indication on the EKG, whichever is longer.

Read more: Former sheriff recalls woman’s ‘horrific’ murder-for-hire by pastor as Alabama prepares execution



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Alabama

WATCH: ALABAMA SHAKE's Brittany Howard perform w/ Kumite, her hardcore band, live for the first time

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WATCH: ALABAMA SHAKE's Brittany Howard perform w/ Kumite, her hardcore band, live for the first time


Back in November, we covered the announcement of Kumite, the hardcore side project led by Grammy-winning Alabama Shakes frontwoman Brittany Howard. Tonight, Kumite made their live debut at Basement East in Nashville, TN. Sharing the bill were Snooper, Inner Peace, and Second Spirit.

Check out the following footage captured by @bmenchthurlow

 

 

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As part of the set, Kumite also covered “AM/PM” by American Nightmare, which you can watch below.





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Alabama A&M University names construction adviser for new science, student amenities buildings

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Alabama A&M University names construction adviser for new science, student amenities buildings


Alabama A&M University is preparing for construction of two major buildings on campus with a combined value exceeding $140 million. The university recently selected Freedom Real Estate and Capital, a frequent partner for A&M in such projects, to provide advisory services for construction of its new science building and student amenities building. The



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Alabama guard Chris Youngblood finds form in win over Texas A&M

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Alabama guard Chris Youngblood finds form in win over Texas A&M


COLLEGE STATION, TX Nate Oats’ continued faith in Chris Youngblood was rewarded Saturday. The fifth-year guard had his best performance of the season during No. 5 Alabama’s gritty 94-88 win over No. 10 Texas A&M, helping the Crimson Tide notch a massive top-10 victory.

Youngblood finished with a season-high 14 points and tallied five rebounds, one assist and a steal in just 18 minutes on the floor. He was one of four double-digit scorers and made a few big shots in the second half to help Alabama survive on the road.

Most critical for Youngblood, and Alabama’s ability to come away with a win, was his 3 of 6 clip from the 3-point line. While the Aggies made things difficult for the Tide with its pressure defense and ability on the glass, Alabama shot the ball superbly well from beyond the arc in the first half, going 10 of 22 from deep.

Youngblood was responsible for a pair of those makes. His three total triples are the most he’s made in a game for Alabama and he finished in double figures for just the second time this season.

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“It’s the best feeling,” Youngblood after the game. “But what really helped me do that was just getting lost in the game. Like [Oats] said, the blue-collar points and I knew if I focus on that the offense, that’ll come.”

Youngblood’s focus on the blue-collar plays was crucial as the Tide cooled down slightly from 3 in the second half. He played a vital role in Alabama’s 8-0 run that pushed its lead to 15 points with just under 11 minutes remaining. Youngblood first drilled a 3 to make it 65-55, then stole the ball from Aggies guard Zhuric Phelps, converting an and-1 layup on the other end.

When Texas A&M gutted and ground its way back into the game, it was Youngblood who answered the call when Alabama needed it most. Oats has previously praised Youngblood for his ability on the glass, and he grabbed a big rebound off a Phelps miss with 2:51 remaining and the Tide up by 3. He did the same thing on the offensive end for Alabama, putting himself on the line and making two free throws to put the Tide up 90-84.

“I told him we were gonna get him some shots this game,” Oats said. “We kind of tried to put him up with the press to have some other guys handle it, get him open. He goes 3 of 6. He made a bunch of tough plays too. He’s a winner. He’s a competitor. He’s a leader. You want him in.”

Alabama has high expectations for Youngblood. He was billed as a player who would make a big impact on the offensive end after he averaged 15.3 points per game and shot 41.6% from 3, winning Co-American Conference Player of the Year at South Florida.

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Youngblood suffered an ankle injury this offseason after transferring to Alabama. He missed the Tide’s first nine games of the season and has struggled to regain that form since coming back. Being able to step up on the road in one of the Tide’s biggest games of the season will do wonders for Youngblood’s confidence going forward and his performance showcased what kind of a difference-maker he can be on both ends of the floor.

“I thought he did the best job on Phelps tonight and that’s with him still not 100% because he’s still trying to get back from the ankle surgery,” Oats said. “So, his competitiveness, his winning attitude and then, boy it was great to see him drop some shots tonight.”

Going forward, Alabama will continue to depend on Youngblood’s leadership and ability, especially with fellow veteran guard Latrell Wrightsell Jr. out for the season with a torn Achilles.

Oats’ confidence in Youngblood never wavered, and that faith was re-paid in a big way Saturday as Alabama notched another big win in the race for the SEC title. As Alabama looks ahead to No. 23 Ole Miss on Tuesday, Oats is confident that Youngblood’s performance isn’t a blip, but a sign that he’s turned a corner at a critical time for the Tide.

“We knew what we were getting with him from South Florida. He’s the conference player of the year. He shoots at a really high clip. He just had to get off that surgery, get himself back comfortable.

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Alabama will take on Ole Miss at 6 p.m. CT Tuesday night inside Coleman Coliseum. The game will be broadcast on ESPN U.



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