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Alabama convict turns to appeals court in bid to block first-ever nitrogen gas execution

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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.

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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.

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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.

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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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Florida designates Muslim Brotherhood and CAIR as foreign terrorist organizations, DeSantis says

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Florida designates Muslim Brotherhood and CAIR as foreign terrorist organizations, DeSantis says

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Florida is designating the Muslim Brotherhood and the Council on American-Islamic Relations (CAIR) as foreign terrorist organizations, Gov. Ron DeSantis said Monday. 

The move mirrors a similar action taken by Texas in which Gov. Greg Abbott designated the CAIR and the Muslim Brotherhood as foreign terrorist and transnational criminal organizations.

“Florida agencies are hereby directed to undertake all lawful measures to prevent unlawful activities by these organizations, including denying privileges or resources to anyone providing material support,” DeSantis wrote on X. 

TRUMP MOVES AGAINST MUSLIM BROTHERHOOD AS ISLAMIST GROUP SPREADS IN WEST

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Florida Gov. Ron DeSantissaid CAIR and the Muslim Brotherhood will be designated as foreign terrorist organizations.  (AP Photo/Rebecca Blackwell, File)

The governor’s order said the Muslim Brotherhood has long engaged in and supported violence, political assassinations and terror attacks on civilians with the intent of establishing a worldwide Islamic caliphate. 

It also said the group, as well as Hamas have active fundraising arms in the United States. 

SCATHING REPORT CALLS ON US TO LABEL ISLAMIST GROUP INFILTRATING ALL ASPECTS OF AMERICAN LIFE AS TERRORIST ORG

The order said CAIR, which was created to challenge stereotypes against Islam and Muslims, has had individuals associated with it that have been convicted of providing and aspiring to provide material support to foreign terrorist organizations. 

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In a post on X, Florida Attorney General James Uthmeier said: “Great news! Thanks for this important Executive Order, Governor. We are ready to support!”

A joint statement by CAIR and its Florida chapter said the DeSantis administration has prioritized serving their interest of the Israeli government over the people of the state. 

“He diverted millions in Florida taxpayer dollars to the Israeli government’s bonds. He threatened to shut down every Florida college’s Students for Justice in Palestine chapter, only to back off when CAIR sued him in federal court,” the statement said. “Like Greg Abbott in Texas, Ron DeSantis is an Israel First politician who wants to smear and silence Americans, especially American Muslims, critical of U.S. support for Israel’s war crimes. Governor DeSantis knows full well that CAIR-Florida is an American civil rights organization that has spent decades advancing free speech, religious freedom, and justice for all, including for the Palestinian people. That’s precisely why Governor DeSantis is targeting our civil rights group with this unconstitutional and defamatory proclamation.

“We look forward to defeating Governor DeSantis’ latest Israel First stunt in a court of law, where facts matter and conspiracy theories have no weight,” the groups added. “In the meantime, we encourage all Floridians and all Americans to speak up against this latest attempt to shred the Constitution for the benefit of a foreign government.”

Florida’s designation is at the state level. It doesn’t carry the legal force of a federal Foreign Terrorist Organization (FTO) listing, which only the U.S. State Department can issue. 

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In Texas, Muslim and interfaith leaders have demanded that Abott reverse his proclamation regarding CAIR. In a lawsuit against Texas over the governor’s declaration, CAIR argued that it violates both the U.S. Constitution and state law.

Texas Gov. Greg Abott designated CAIR, the Council on American-Islamic Relations, as a foreign terrorist organization.  (Getty Images)

The order violates its First Amendment rights and due-process protections, CAIR said, arguing that the state overstepped its authority because terrorism designations fall under federal, not state, jurisdiction.

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Florida mom says teens ‘lured’ 14-year-old daughter into woods before shooting, setting her on fire: report

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Florida mom says teens ‘lured’ 14-year-old daughter into woods before shooting, setting her on fire: report

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The mother of murdered Florida teenager Danika Troy says her 14-year-old daughter was lured into the woods by one of the boys now charged with killing her, a teen she believed had romantic feelings for her.

In an interview with the New York Post, Ashley Troy said 16-year-old Gabriel Williams “pretended to have feelings for her,” leading Danika to trust him enough to follow him into the wooded trail where she was ambushed. 

“That’s how she was lured,” she said.

Williams and 14-year-old Kimahri Blevins have both been charged with first-degree premeditated murder in Danika’s death.

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FAMILIES CLAIM TEEN MURDER SUSPECT WAS ‘PLOTTING’ DEADLY HIT-AND-RUN FOR MONTHS BEFORE KILLING TWO GIRLS

The mom of Danika Troy, a 14-year-old Florida teenager, says she believes her daughter was lured into the woods by Gabriel Williams, who allegedly pretended to have romantic feelings before the girl was murdered. (GoFundMe)

Ashley said she is still desperate for answers. “I still need answers. I’m just left asking why,” she told the outlet. “She just wanted to be in love.”

Danika was reported missing by her mother on Dec. 1. The next day, a passerby discovered her body in a wooded area in Pace, a community in Florida’s Panhandle. Investigators said she had been shot multiple times and set on fire.

Authorities quickly identified the alleged killers, two teens who knew Danika from school, and took them into custody.

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MOTHER SAYS ALLEGED STALKER WHO KILLED HER DAUGHTER SHOULD BE TRIED AS AN ADULT

Authorities said two teenagers are facing murder charges in the death of 14-year-old Danika Troy, who was found shot to death and burned in a wooded area in Florida after being reported missing. (Santa Rosa County Sheriff’s Office)

Detectives initially believed the murder may have stemmed from a social-media dispute over Thanksgiving break. According to the sheriff’s office, the boys claimed they targeted Danika because she had blocked Blevins on social media and called Williams “worthless and a gang banger.”

Ashley rejected that narrative. “What those boys said is an excuse,” she told the Post.

Santa Rosa County Sheriff Bob Johnson confirmed Thursday that Danika’s body had been positively identified and said investigators rapidly zeroed in on Williams and Blevins. Both suspects had prior “run-ins” with law enforcement, he said, though details were not released because of their ages.

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TEEN MURDER SUSPECT ALLEGEDLY SWATTED VICTIM’S HOME WEEKS BEFORE DEADLY HIT-AND-RUN: LAWYER

Santa Rosa County Sheriff Bob Johnson told reporters that the suspects were supposedly friends with the victim from school. He said investigators were still working to determine a motive. (Santa Rosa County Sheriff’s Office)

Johnson described the killing in stark terms. 

“This is where it gets really horrific,” he said, explaining that Williams allegedly stole his mother’s handgun before shooting Danika. “It’s bad enough you kill a 14-year-old. You’re 14. You’re 16. Shoot her multiple times, and then they set her on fire.”

The motive for the killing remains unclear. Johnson said the explanations the teens offered “don’t fit the forensics or any facts of the case,” adding, “so we don’t have a legit motive.”

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REPEAT OFFENDER ALLEGEDLY KILLS 14-YEAR-OLD GIRL, HAS CRIMINAL HISTORY DATING BACK TO 2000: OFFICIALS

Both suspects remain held without bond at the Department of Juvenile Justice on first-degree murder charges. Prosecutors are coordinating with investigators as they determine whether the teens will be charged as adults.

“If you do an adult crime, you gotta do adult time,” Johnson said.

Ashley previously said she believes “evil influence” played a role in her daughter’s killing, but she wants accountability. She said she wants “nothing less than for them to be prosecuted to the full extent of the law.”

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Fox News Digital reached out to the Santa Rosa County Sheriff’s Office for comment, but did not immediately receive a response. 

Fox News Digital’s Stephen Sorace contributed to this report.

Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.

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Miami in political crosshairs: Democrat hunts historic upset against Trump-backed candidate

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Miami in political crosshairs: Democrat hunts historic upset against Trump-backed candidate

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Voters in Miami, Florida, cast ballots Tuesday in a runoff election for mayor in a race that’s grabbed plenty of national attention in recent weeks as Democrats aim to end a decades-long losing streak in red-leaning Florida.

Democrat Eileen Higgins, a former county commissioner, is facing off against Republican Emilio Gonzalez, a former city manager backed by President Donald Trump.

While the election is technically nonpartisan, the ballot box face-off has become the latest showdown this year between Democrats and Republicans, with both parties pouring in resources.

And Democrats, energized by last month’s decisive 2025 election victories and by last week’s double-digit overperformance in a special election in a red-leaning congressional district in Tennessee, are aiming for victory in Miami for an office they haven’t held in 30 years.

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MIAMI MAYORAL CANDIDATE REVEALS HOW HE WILL FLIP SCRIPT ON DEM RIVAL’S ‘CITY OF RENTERS’ STRATEGY

Democratic County Commissioner Eileen Higgins and Gov. Ron DeSantis-backed Republican candidate Emilio Gonzalez will advance to a runoff Dec. 9 that will determine Miami’s next mayor after no candidate received 50% of votes. (Matias J. Ocner/Miami Herald/Tribune News Service via Getty Images; Rebecca Blackwell; The Associated Press)

The Democratic National Committee (DNC) and allied groups have invested in the race.

DNC Chair Kent Martin told Fox News Digital that following last week’s “historic overperformance in Tennessee and the record Democratic momentum across the country this year,” the DNC is now “laser focused” on Miami’s mayoral runoff.

“The energy is on Democrats’ side and the DNC is all-in support of Eileen Higgins from now until Election Day,” Martin emphasized in a statement to Fox News Digital last week.

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CLICK HERE FOR THE LATEST FOX NEWS REPORTING ON THE 2025 ELECTIONS

Meanwhile, the Republican Party of Florida has been helping Gonzalez.

And Trump, over the weekend, took to social media to try and boost Gonzalez.

“Miami’s Mayor Race is Tuesday. It is a big and important race!!! Vote for Republican Gonzalez,” the president wrote.

City of Miami mayoral candidate Emilio González speaks during a press conference outside his home on Wednesday, July 16, 2025, in Miami. (Matias J. Ocner/Miami Herald/Tribune News Service via Getty Images)

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Florida was once the largest of the general election battleground states, but has shifted dramatically to the right over the past decade.

Florida Gov. Ron DeSantis won re-election by nearly 20 points in 2022, and Trump carried the state by 13 points in last year’s presidential election victory.

But Miami remains a rare blue oasis in the Sunshine State. Trump narrowly lost the city in last year’s presidential election, although the president won the wider Miami-Dade County by 11 points.

Higgins, a mechanical engineer and former Peace Corps director in Belize, focused on the issue of affordability and of making local government work better and faster during her campaign.

Eileen Higgins, a Miami-Dade County commissioner who is running for Miami mayor, speaks to supporters preparing to go canvas on her behalf, Saturday, Nov. 1, 2025, at Miami City Hall in the Coconut Grove neighborhood of Miami. (Rebecca Blackwell/AP Photo)

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González, a veteran and senior adviser at an asset management firm, spotlighted the fight against overdevelopment and called for the elimination of property taxes for primary homes, as he bid for mayor.

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Higgins captured 36% of the vote in the Nov. 4 election, with Gonzalez coming in second at 19%, in the multi-candidate field.

The runoff winner will succeed term-limited Republican Mayor Francis Suarez, who grabbed national attention two years ago as he briefly and unsuccessfully ran for the GOP presidential nomination.

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