Southeast
Alabama convict turns to appeals court in bid to block first-ever nitrogen gas execution
- An attorney for death row inmate Kenneth Smith asked the 11th Circuit Court of Appeals on Friday to block the murder-for-hire convict’s execution by nitrogen hypoxia.
- Smith, 58, is set to be the first inmate in the U.S. executed using the method on Jan. 25.
- Smith’s attorney is using the method’s “untested” nature against the state, claiming the risks it poses to his client could veer into constitutionally questionable territory.
An attorney for an Alabama inmate set to be the nation’s first person ever put to death by nitrogen gas asked a federal appeals court Friday to block the upcoming execution using the “untested methods.”
Kenneth Smith, 58, is scheduled to be executed Thursday, when a respirator-type mask will be put on his face to replace his breathing air with pure nitrogen — depriving him of the oxygen needed to stay alive. Three states — Alabama, Oklahoma and Mississippi — have authorized nitrogen hypoxia as an execution method, but no state has previously attempted to use it.
The 11th U.S. Circuit Court of Appeals heard diverging descriptions of the humaneness and potential risks of the proposed method in Smith’s appeal of a federal judge’s Jan. 10 decision to let the execution go forward. The three judges on the panel asked questions about the proposed method, including claims that it could cause Smith to choke to death on his own vomit, but did not indicate when they will rule.
MINISTER ATTENDING NITROGEN GAS EXECUTION OF ALABAMA PRISONER ASKS STATE FOR EXTRA SAFETY PRECAUTIONS
Smith’s attorney, Robert Grass, told the judges that the state will “attempt to execute Kenny Smith under unprecedented circumstances,” arguing that the plan to deliver the nitrogen gas through a face mask is flawed and could subject Smith to a prolonged and unconstitutionally painful execution.
“This is the first time this will ever be attempted. There is no data on exactly what’s going to happen and how this will go forward,” Grass said.
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. If Smith’s execution by nitrogen hypoxia is carried out, it will be the first new execution method used in the United States since lethal injection was first used in 1982.
The Alabama attorney general’s office urged the court to let the execution proceed.
“Alabama has adopted the most painless and humane method of execution known to man,” Alabama Solicitor General Edmund LaCour told the judges.
Kenneth Eugene Smith was convicted in a 1988 murder-for-hire slaying of a preachers wife. He is slated to be the first American inmate ever executed by nitrogen hypoxia. (Alabama Department of Corrections via AP, File)
Courts require inmates challenging their execution method to suggest an alternate available method. During arguments Friday, Circuit Judge Charles Wilson noted that Smith, when fighting past attempts to execute him by lethal injection, had previously suggested nitrogen as an alternative method. At the time the state had not developed a protocol for nitrogen executions and it was unclear when the state would do so.
Grass said they are challenging the state’s plan to use a mask to deliver the nitrogen because there is a risk of oxygen leaking in, possibly subjecting Smith to a prolonged execution and leaving him in a vegetative state instead of killing him. He argued that there is also a possibility that Smith could choke to death on his own vomit.
The state maintained those scenarios are unlikely to happen. Wilson asked if the execution would be stopped if Smith vomited into the mask, and LaCour said the state would not halt the execution if the nitrogen gas had begun flowing.
“If he vomits during the execution with the mask on, you’re telling me that the state will not stop the execution, they will permit him to choke on his vomit?” Wilson asked.
LaCour responded that there is not a “substantial risk” of Smith vomiting. Smith will not feel pain, LaCour argued, because the nitrogen would render him unconscious “almost instantaneous.”
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. John Forrest Parker, the other man convicted in the case, was executed by lethal injection in 2010. Sennett’s husband killed himself when the murder investigation focused on him as a suspect, according to court documents.
Alabama attempted to execute Smith by lethal injection in 2022 but the state called off the execution before the lethal drugs were administered because authorities were unable to connect the two required intravenous lines to Smith’s veins. Smith was strapped to the gurney for nearly four hours during that execution attempt, his lawyers said.
Smith’s attorney also argued that Alabama is violating his due process rights by scheduling his execution ahead of other inmates who requested nitrogen as their preferred execution method and while he has ongoing appeals.
Smith has argued in a separate case that after surviving one execution attempt it would violate the federal ban on cruel and unusual punishment for the state to make a second attempt to execute him. On Friday, Smith asked the U.S. Supreme Court to stay the execution to consider that question.
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A North Carolina woman whose disappearance in 2001 triggered a 24-year search is now facing criminal charges from the year she vanished.
Michele Hundley Smith, now 63, was located Feb. 20 at an undisclosed location within North Carolina after detectives received new information about her case, the Rockingham County Sheriff’s Office said.
Smith was 38 when her husband reported that she left their Eden home Dec. 9, 2001, to go Christmas shopping in Martinsville, Virginia, and never returned. Her vehicle was never found.
An extensive investigation followed, and, despite years of investigative work, her whereabouts remained unknown until last week.
The 63-year-old woman posted $2,000 bond on a failure to appear charge related to a DWI from the month before she vanished for 24 years. (Robeson County Sheriff’s Office)
Authorities said Smith told investigators she left on her own accord and referenced “domestic issues.”
Sheriff Sam Page told Fox News Digital the sheriff’s office had no prior record of domestic incidents at the home. No criminal charges are expected in her disappearance. However, following her identification, investigators discovered an outstanding order for arrest dating back to 2001.
A missing persons flyer circulated at the time of Michele Hundely Smith’s disappearance in December 2001. (Bring Michele Hundely Smith Home/Facebook)
MISSING NORTH CAROLINA MOM FOUND ALIVE AFTER 24 YEARS REVEALS WHY SHE LEFT
In a statement, the Rockingham County Sheriff’s Office said that, after consultation with the District Attorney’s Office and further investigation, authorities identified an outstanding order for arrest for Smith for failure to appear.
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The order stemmed from a DWI charge issued by the Eden Police Department Nov. 11, 2001. Smith failed to appear in court Dec. 27, 2001, for that charge, the statement said.
On Feb. 25, 2026, Smith was taken into custody by the Robeson County Sheriff’s Office at the request of Rockingham County authorities. She later posted a $2,000 bond and is scheduled to appear in Rockingham County District Court March 26, 2026.
A missing mom found alive after 23 years reveals she left due to domestic issues. (Bring Michele Hundely Smith Home/Facebook)
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On Thursday, the New York Post reported it had located Smith in a trailer in a rural community near the South Carolina state line. Smith told the outlet she is trying to make amends with her daughter and the family she walked out on decades ago.
“My daughter is forgiving me. We are in contact, so leave me alone,” she told the outlet.
Smith’s neighbors said she had “been here for years and years” and mostly keeps to herself.
“We asked why she didn’t come out of the house much, and she said her husband passed. He passed last year. … She was really sad about it. She said she was depressed and stayed inside,” the neighbor said.
Michele Hundely Smith disappeared after leaving her home in North Carolina to go Christmas shopping in Virginia in December 2001. (Bring Michele Hundely Smith Home/Facebook)
In a 2018 interview on “The Vanished Podcast,” her daughter, Amanda Hundley, said her mother’s marriage was unraveling under the weight of alcohol abuse, infidelity and escalating marital arguments.
Smith had recently lost her job at a veterinary practice after being fired for drinking on the job, Hundley said.
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“My dad didn’t like the fact that my mom hid her drinking. I knew about it, and I was the only one. And I felt, you know, I was young, and I felt obligated not to say anything to betray my mom,” Hundley said on the podcast.
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According to Hundley, her father suspected the drinking but did not fully understand the extent of it until after Smith vanished.
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“He said, ‘Do you know where she kept the bottles at?’ And I showed them we had a little red building outside, and it was full of rum bottles, the empties, the ones that she had already drunk,” recalled Hundley, who was 14 at the time.
The couple’s relationship had also deteriorated. Hundley said both her parents had affairs during the marriage. She described frequent arguments that “got physical a few times.”
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Southeast
Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’
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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.
The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”
“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.
Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.
The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)
“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”
Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.
They come in 12-ounce cans, similar in appearance to a soda can.
The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)
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The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”
“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”
Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”
Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)
“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.
It is unclear if any parents or students were disciplined in relation to the mix-up.
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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.
The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.
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A federal prosecutor acknowledged Thursday that the decision to charge Salvadoran migrant Kilmar Abrego Garcia two years after a routine traffic stop was “extraordinary” while defending the human smuggling case as legally justified.
Abrego Garcia, 31, has become a flash point in the national immigration debate since last March, when he was deported to El Salvador in violation of a 2019 court order in what Trump administration officials acknowledged was an “administrative error.”
The Supreme Court later ruled that the administration had to work to bring him back to the U.S.
After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling charges stemming from a 2022 traffic stop in Tennessee.
He has pleaded not guilty and is seeking dismissal of the charges on the grounds of vindictive and selective prosecution.
Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura, left, are accompanied by Lydia Walther-Rodriguez, right, of We Are Casa, as they leave the federal courthouse, Thursday, in Nashville, Tenn. (AP Photo/George Walker IV)
A 2019 court order prevents Abrego Garcia from being deported to El Salvador after an immigration judge determined he faced danger from a gang that had threatened his family. He immigrated to the U.S. illegally as a teenager and has been under the supervision of Immigration and Customs Enforcement (ICE).
Abrego Garcia was accused in court records of repeated domestic violence against his wife, who alleged multiple incidents of physical abuse in protective order filings. She later withdrew the protective order request and has defended her husband publicly.
The Department of Homeland Security has also said he was living in the U.S. illegally and has alleged ties to MS-13, disputing portrayals of him as simply a “Maryland man.” His attorneys have denied the gang allegations.
Tennessee Highway Patrol body camera footage from when Abrego Garcia was pulled over for speeding shows a calm exchange with officers. While officers discussed suspicions of smuggling among themselves — noting there were nine passengers in the vehicle — Abrego Garcia was issued only a warning.
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A woman holds a sign in support of Kilmar Abrego Garcia in front of the U.S. District Court in Nashville. (Getty Images )
First Assistant U.S. Attorney for the Middle District of Tennessee Rob McGuire, who was acting U.S. attorney in April 2025, testified Thursday that his decision to charge Abrego Garcia was based on the evidence.
“I had previously prosecuted several human smuggling cases,” McGuire said, noting that after seeing video of the traffic stop, “I was immediately struck by how similar what was being depicted in the body cam was to those investigations.”
McGuire said Abrego Garcia’s vehicle belonged to someone with “a human smuggling background” and added that the route was “suspicious.”
“It was a large number of individuals traveling in one SUV with a driver who spoke for the group. No one had luggage… the car had Texas plates… the route was suspicious,” McGuire said.
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Kilmar Abrego Garcia arrived at the federal courthouse, Thursday, for a hearing on whether the charges against him should be dismissed. (AP Photo/George Walker IV)
During cross-examination, McGuire acknowledged that the timing of the charges, coming so long after the traffic stop, was “extraordinary.”
He said he had not previously been aware of the traffic stop but reiterated that nobody in the Trump administration, including the White House or the Department of Justice, pressured him to seek the indictment.
When asked about whether he might have felt pressure to prosecute the case, McGuire said, “I’m not going to do something that is wrong to keep my job.”
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Kilmar Abrego Garcia, right, and his brother Cesar Abrego Garcia, center, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)
McGuire also said timing factored into charging Abrego Garcia since he was being held in El Salvador, and he did not want the indictment to go public before all senior officials were briefed on the matter.
“I knew from the get-go that this was going to be a controversial matter,” McGuire said.
U.S. District Judge Waverly D. Crenshaw did not make a ruling Thursday and said he would wait to receive post-hearing briefs from attorneys by March 5 before determining whether another hearing is necessary.
Crenshaw previously found some evidence that the prosecution “may be vindictive” and that prior statements by Trump administration officials “raise cause for concern.”
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Thursday’s court appearance came after a federal judge blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17.
Fox News Digital’s Breanne Deppisch, Jake Gibson and The Associated Press contributed to this report.
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