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Alabama’s upcoming gas execution could harm witnesses and violate religious liberty

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Alabama’s upcoming gas execution could harm witnesses and violate religious liberty


The state of Alabama plans to execute a prisoner in January using nitrogen hypoxia, a process so novel and untested that state officials required the man’s spiritual adviser to sign a waiver that said he could be exposed to the deadly gas. The acknowledgment form, exclusively obtained by NPR, also reveals that the spiritual adviser, Rev. Dr. Jeff Hood, is required to stay at least three feet away from the prisoner, which may violate both their religious liberties.

If Alabama proceeds with the execution, it will be the first time any U.S. state uses nitrogen gas to put a prisoner to death, but the second time Alabama attempts to execute Kenneth Smith.

Alabama first attempt in 2022 to execute him failed. Before the execution was ultimately called off last year, Smith spent four hours strapped to a gurney as workers tried to insert needles into his veins to inject him with drugs. Smith’s lawyers requested the state use nitrogen gas instead of lethal injection if they attempted another execution.

Hood had an early warning that this execution might be dangerous.

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“When I first got in touch with Kenny,” he said, “one of the first things that he asked me was, ‘are you prepared to die to be my spiritual adviser’?”

The Department of Corrections asked Hood to sign a legal document confirming that the new method could put him at risk. The document declared that it was possible, although “highly unlikely,” that the hose supplying gas to Smith’s mask could detach and “an area of free-flowing nitrogen gas could result, creating a small area of risk (approximately two (2) feet) from the outflow.” It was also possible that nitrogen gas could displace oxygen in the air above Smith’s face and head, according to the document, but there would be gas sensors in the room as a safety precaution.

The Department of Corrections asked Hood to agree to remain at least three feet away “from the mask or any outflow of breathing gases discharging from the system.”

Critics say the form demonstrates that Alabama has not adequately prepared for the execution and that nitrogen gas may pose serious threats to workers nearby.

“They could start to hyperventilate because their body would detect that they’re in a low oxygen environment,” said Dr. Joel Zivot, an anesthesiologist and associate professor at Emory University School of Medicine. “And that severe hyperventilation can lead to a stroke.”

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Zivot clarified that the pure nitrogen Alabama plans to use in the execution is not nitrous oxide, known as laughing gas, which is used in medical settings and can make people feel relaxed. Pure nitrogen gas causes death by suffocation; there is no euphoria.

And although the acknowledgement form asked the chaplain to stay three feet away from gas leaving the system, Zivot pointed out that nitrogen is invisible and odorless, which would make that rule difficult to follow.

“It’s so telling that they just have no idea, and that they’re going to try to kill him in a way that could kill other people, too,” Zivot said. “They’re not being realistic about what exactly is at stake here.”

At the time of publication, the agency did not respond to a request for comment about their assessment of the risk to others in the room. NPR requested all other forms the Department of Corrections may have asked workers to sign, but the agency declined to share the documents. A representative said that disclosure would be “detrimental to public interest.”

“There are immense safety precautions that need to be taken and the states just haven’t been taking it seriously,” said Robert Dunham, a death penalty attorney and adjunct law professor at Temple University. “Why is it that they’re making hiding the information an official policy?”

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The Rev. Jeff Hood and supporters of Oklahoma death row inmate Anthony Sanchez proclaim his innocence during a news conference at the Oklahoma Capitol in Oklahoma City on May 25.

“They could kill all of us”

This year, Hood has been present at three executions in Texas and Oklahoma. Neither state required him to acknowledge a risk to his safety before he could be in the death chamber like Alabama did, he said.

“There is no doubt in my mind that Alabama is the most ill-prepared, unprofessional execution squad that exists of those three,” Hood said.

Despite his reservations, Hood agreed to be Smith’s adviser and signed the form on Nov. 15.

“I just cling to a real knowledge that, ‘greater love hath no one than this, that one would give their life for their friend,’” said Hood, quoting scripture.

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Hood has five children under the age of 12. He considered what it would be like for his wife to support them alone. But even if the worst happens, he decided, it’s important for them to know what he stood for.

“They will understand that their dad, their father, always said yes.”

Carolyn Miller (center right) speaks at a news conference called by friends and family of Tennessee death row inmate Gary Sutton on Oct. 6, outside the Tennessee State Capitol in Nashville. Rev. Jeff Hood stands next to Miller while hugging his son.

Carolyn Miller (center right) speaks at a news conference called by friends and family of Tennessee death row inmate Gary Sutton on Oct. 6, outside the Tennessee State Capitol in Nashville. Rev. Jeff Hood stands next to Miller while hugging his son.

Hood said the form he signed caused him to worry for more than his life. He believes Alabama’s requirement for him to stand three feet apart from Smith would also limit his ability to do his spiritual job.

Smith and Hood are both Christian. Hood usually anoints people with oil on their forehead before they’re executed, and lays his hands on them to give them their last rites.

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“There’s no way I will be able to do that if I can’t get close to him,” Hood said.

The three feet of mandatory distance could conflict with precedent set by the U.S. Supreme Court. In 2022, the court ruled that the religious liberties of John Ramirez were violated when Texas denied his request to lay his hands on him in the death chamber. Ramirez was executed by lethal injection that October, with his pastor’s hands on his chest.

“If we can’t guarantee Kenny’s rights, then certainly nobody else’s rights can be guaranteed,” said Hood. “How far will the state of Alabama go to curtail the religious rights of Alabamians?”

Hood said he signed the form because he felt pressured by the Department of Corrections. If he didn’t agree to the state’s terms, he didn’t think he would be allowed to be present with Smith during his last moments.

Speaking with NPR from the William C. Holman Correctional Facility in Atmore, Ala., Smith said he doesn’t think the workers in Alabama who tried to put him to death last year were competent.

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“They were just sticking me over and over, going in the same hole like a freaking sewing machine,” Smith said. “I was absolutely alone in a room full of people, and not one of them tried to help me at all – and I was crying out for help.”

He believes Hood could be at risk if Alabama tries to kill him again with nitrogen gas, and that worries him. “I understand it’s a hell of a thing that somebody would do,” Smith said.

The fact that Alabama already failed the first time is telling, Hood agreed.

“They didn’t even have anybody that could run a line on Kenny,” he said. “And we’re supposed to trust these people with nitrogen? They could kill all of us.”

Debbie Elliott contributed reporting.

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Copyright 2023 NPR. To see more, visit https://www.npr.org.





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Warde Manuel discusses how Clemson-South Carolina winner could see College Football Playoff resume boosted

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Warde Manuel discusses how Clemson-South Carolina winner could see College Football Playoff resume boosted


Ranked No. 12, Clemson is just on the outside looking in at the College Football Playoff. But the Tigers could help their case on Saturday.

Hosting in-state rival and No. 15 ranked South Carolina, Clemson could notch a very meaningful win. And on top of being the best win the Tigers would have notched all season, it would be a strong final argument to make for the selection committee — assuming Clemson doesn’t back into the ACC title game.

While he didn’t comment on specifics of a hypothetical, CFP selection committee chair Warde Manuel acknowledged a win would surely help Clemson’s case to snag an at-large bid, when asked directly about the Tigers.

“I’ll continue to say we don’t look forward and we don’t project, but winning always helps. I will say that,” Manuel said. “When teams win, we value what they do. I don’t know what that would mean towards where they will be in projecting, but there is value in winning games.”

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And it’s a boost that could cut both ways. As much as a win could help Clemson, it could be equally valuable to South Carolina as the Gamecocks try to get in position for an improbable at-large bid, one that would require some chaos ahead in the rankings.

Manuel also explained why Clemson slotted at No. 12 ahead of a cadre of SEC teams.

With Clemson slotted in at No. 12 in the latest College Football Playoff rankings, ahead of the likes of Alabama and Ole Miss, the decision of skeptics, despite the Tigers having a slightly better win-loss record.

Both the Crimson Tide and Rebels are 8-3, but have arguably better resumes than Clemson, which lacks many big wins. Nevertheless, the selection committee found the Tigers resume to be just enough to put them ahead, according to Manuel.

“Well, Clemson slid up with some losses ahead of them by Alabama and Mississippi, and they had a win against Citadel, obviously, but that wasn’t the big reason,” Manuel said. “Obviously they’re at 9-2, with only two losses. The teams right behind them have three losses. We just felt as a committee as we looked at their body of work, with three straight wins after their loss to Louisville, including back-to-back wins against Virginia Tech and Pitt, that they deserved to move up into that 12th position.”

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Manuel also discussed how the committee came to the decision to delineate Alabama and Ole Miss as the No. 13 and No. 14 teams, respectively.

Three SEC teams – Alabama, Ole Miss and South Carolina – have three losses, and all eyes were on where they’d come in during the fourth rankings reveal.

Ultimately, Alabama came in as the highest-ranked of the group at No. 13, followed by Ole Miss at No. 14 and South Carolina at No. 15. According to Manuel, that decision was largely due to head-to-head matchups.

Manuel said the Crimson Tide’s resume – which includes wins over GeorgiaMissouri and LSU – was a separator in the committee’s decision. But since Alabama and Ole Miss both have wins over South Carolina, that led them to come in at 13, 14 and 15, respectively.



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Shane Beamer updates injuries going into Clemson game

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Shane Beamer updates injuries going into Clemson game


For the first time really all year, South Carolina football is facing some injury questions. Wide reciever Jared Brown, tight ends Joshua Simon and Michael Smith all missed the Wofford game last week, forcing the Gamecocks to change up their approach offensively and play with one or no tight ends all day.

On Tuesday afternoon at his weekly press conference, Shane Beamer updated the injury sitution going into Saturday’s game at Clemson.

Regarding Brown, Beamer said “he’ll be fine” and confirmed the Coastal Carolina transfer will play in his first rivalry game this weekend. Wide reciever Vandrevius Jacobs on the other hand is out this weekend with a hamstring injury he suffered against Wofford.

Beamer did not have a further update on either of the tight ends, simply saying “we’ll see” with regards to Simon and Smith.

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Keys to Success for Clemson Tigers Against South Carolina Gamecocks

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Keys to Success for Clemson Tigers Against South Carolina Gamecocks


The Clemson Tigers are getting ready for what will be a crucial game in Week 14 against the South Carolina Gamecocks. 

This rivalry matchup is not going to disappoint, as both teams are coming into the game as Top-25 schools. For the Tigers, there is a lot on the line in this matchup. 

Due to Clemson not holding the tie-breaker against the Miami Hurricanes in the ACC and the SMU Mustangs already clinching a spot, the Tigers are going to have to hope for a Hurricanes’ loss to the Syracuse Orange if they are going to make the title game. 

However, due to recent upsets in the SEC, another path might have emerged for Clemson to make the College Football Playoffs. If they can beat a Top-25 team in the Gamecocks on Saturday, it could be the type of statement win that propels them into an at-large bid. 

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While making the CFP still might be realistic, they first and foremost have to handle South Carolina, which will be no easy task. 

The Gamecocks have also had a great season, and they could present some matchup problems for Clemson. 

On offense, South Carolina is a run first team. Stopping the run has been an issue at times for the Tigers, as they just recently got torched on the ground against The Citadel Bulldogs. If Clemson is unable to stop or at least slow down the rushing attack for the Gamecocks, it will allow them to control the pace of the game. That obviously wouldn’t be ideal for the Tigers. 

Furthermore, on the defensive side of things, the Tigers’ offense is going to have their work cut out for them against a very strong Gamecocks defense. Clemson quarterback Cade Klubnik has had a very strong season and this could end up being a defining game of his college career. 

Going back to the win against the Pittsburgh Panthers, the Tigers’ offense really struggled on the ground trying to run the football. If that’s the case once again in Week 14, it will fall on the shoulders of Klubnik to get the job done. 

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This matchup could very well go down as one of the games of the week and potentially the year, with both teams being fairly even talent-wise on paper. For Clemson, this is a must-win game to keep their playoff hopes alive, as a win this late in the season against a Top-25 team would be a nice last thing to put on their resume. 

Overall, the Tigers are going to need to have a balanced attack and prepare to stop the run if they are going to come away with the win against their rival.



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