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Alabama to introduce first new method of execution since 1982

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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.

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Has it ever been used?

Alabama is one of three states to approve the use of nitrogen gas but the first to prepare to do so. Getty Images/iStockphoto

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?

Breathing 100% nitrogen is believed to cause unconsciousness and ultimately death from lack of oxygen. AP

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.

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What does the state plan to do?

Alabama state is confident that the nitrogen gas will cause death in minutes. AP

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.

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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?

A mishap complicating the intravenous lines prevented Smith from being executed by lethal injection in 2022. AP

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.

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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?

Whether or not the execution by nitrogen gas will proceed will ultimately be decided by the Supreme Court. AP

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.

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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.



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Jacob Crews scores 20 for Missouri in 85-77 win over Alabama State

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Jacob Crews scores 20 for Missouri in 85-77 win over Alabama State


COLUMBIA, Mo. (AP) — Jacob Crews scored 20, and Anthony Robinson II added 19 in Missouri’s 85-77 win over Alabama State on Thursday night.

Crews shot 7 of 9 from the field, including 6 of 8 from the 3-point arc. Mark Mitchell added 15 points for Missouri (9-2), and Sebastian Mack added 10.

The Tigers had a 15-0 run in the first half, heading into the locker room up 52-39. Alabama State was held scoreless over a 4:19 drought in the middle of the second half to open a 9-0 run for the Tigers. The Hornets (3-8) responded with their own 10-0 run to bring the game within eight, 74-62. The Tigers regained control, though, to keep their eight-point lead the rest of the game, handing Alabama State their fourth loss in a row.

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The Tigers shot 65% (33 of 51). Both teams shot 50% from the free-throw line.

Alabama State outscored Missouri in the final period, 38-33. Asjon Anderscon scored 23 for the Hornets, leading all players in scoring.

Up next

Missouri hosts Bethune-Cookman on Dec. 14.

Alabama State travels to Cincinnati to face the Bearcats on Dec. 17.

___ Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here and here (AP News mobile app). AP college basketball: https://apnews.com/hub/ap-top-25-college-basketball-poll and https://apnews.com/hub/college-basketball

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Katie Windham Highlights Alabama Areas of Improvement on The Joe Gaither Show

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Katie Windham Highlights Alabama Areas of Improvement on The Joe Gaither Show


Let’s crank up a Thursday edition of “The Joe Gaither Show on BamaCentral” with Mason Woods and Katie Windham as we start getting ready for next week’s College Football Playoff game between Alabama and Oklahoma. Windham detailed how the Crimson Tide can improve over the next few weeks, we discuss the team’s health and look back at our last road trip to Norman. The show then discusses the Heisman Trophy finalists before addressing a Kalen DeBoer coaching rumor.

The program opens by power ranking the holidays before discussing Windham’s three areas the Crimson Tide can improve over the next week. Our trio picks the easiest area the team can improve and how Alabama must perform in Norman. Windham details our last trip to Oklahoma as we go down memory lane to the Sooners’ 24-3 victory last season.

The show continues on by getting Windham’s thoughts on Alabama’a College Football Playoff selection and if the Crimson Tide actually deserved its place in the field. She brings up a unique aspect of Alabama’s blowout loss in the SEC Championship and how it played into the program’s inclusion in the College Football Playoffs.

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We move from next week’s game into a small discussion on Notre Dame’s reaction of being left out of the field and how it relates to Alabama’s future home-and-home dates with the Fighting Irish. Will the two esteemed programs still face off in a few years?

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The show heads into the only college football action of the weekend by highlighting the strong Heisman Trophy finalist field. Who brings home the bronze statue?

Lastly, we spend the final bit of the show talking about Michigan firing Sherrone Moore and the reports of the Wolverines considering persuing Kalen DeBeor for their next head coach. Will DeBoer leave Tuscaloosa for Ann Arbor?

We’re so appreciative of our sponsors who make the show possible. Check out Derek Daniel State Farm in Alabama for your insurance needs. We’re also proud to partner with Purple Turtle Roofing on the program. From your first call to the final nail, our mission is to make sure you feel confident, cared for, and covered, literally.

Call (205) 462-7340 Extension 800 to leave your thoughts in a voicemail, and you’ll be featured on the show. You can also join us live in the comment sections Monday through Friday at 8:15 a.m. CT.

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The show can be seen on the BamaCentral YouTube channel. Keep up with each show on YouTube, Facebook, and Twitter. Shows can also be heard on Spotify, Apple Podcasts, and Amazon.


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New Alabama law raises penalties for porch piracy

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New Alabama law raises penalties for porch piracy


MONTGOMERY, Ala. (WSFA) – As holiday deliveries ramp up, a new Alabama law aims to deter package theft by raising penalties for so-called “porch piracy.” The law, which went into effect on October 1, 2025, makes repeated package theft a felony and can carry prison sentences of up to 10 years in the most serious cases.

What changed

Previously, many package thefts in Alabama were charged as misdemeanor theft because the value of individual stolen packages often fell below felony thresholds. Under the new law however, lawmakers established penalties that focus on the number of homes targeted rather than the dollar value of items stolen:

  • Stealing from 1 to 9 homes: most serious misdemeanor
  • Stealing from 10 to 29 homes: felony
  • Stealing from 30 or more homes: can result in up to 10 years in prison

The law also increases penalties if stolen packages are used to commit identity theft or fraud. In addition, anyone who knowingly receives packages stolen by a porch pirate can be charged under the new rules.

Lawmakers weigh in

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Senator April Weaver, one of the bill’s sponsors, said the change was meant to protect Alabama families during the holidays.

“It was really important to protect the people not only in my district but throughout the state of Alabama and to make sure their hard-earned money is going to their children’s Christmas,” she said.

On camera, Senator Weaver added with holiday humor, “It means the Grinch may have stolen Christmas in Whoville, but if he does it in Alabama, he’ll have plenty of time in state prison for his heart to grow three sizes.”

What police recommend if your package is stolen

If you discover a stolen package, law enforcement recommends:

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  • Report the theft to police immediately.
  • Preserve any doorbell or surveillance footage that may show the theft.
  • Contact the delivery company right away to report the missing item.
  • Consider requiring a signature on delivery to reduce the risk of theft.

The law went into effect on October 1, 2025; this December marks the first holiday season it is in effect. Alabama is now one of more than a dozen states that have passed laws specifically targeting package theft. Supporters say the law sends a stronger message that porch piracy will no longer be treated as a minor offense.

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