ATMORE, Ala. (AP) — As witnesses including five news reporters watched through a window, Kenneth Eugene Smith, who was convicted and sentenced to die in the 1988 murder-for hire slaying of Elizabeth Sennett, convulsed on a gurney as Alabama carried out the nation’s first execution using nitrogen gas.

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    10 months ago

    Smith’s lawyers disagree, and seek a court-ordered halt to the second execution attempt, scheduled for 6 p.m. on Thursday. They say the new method, particularly the repurposing of a respirator mask, could easily go wrong if the mask’s seal is imperfect and oxygen seeps in.

    Nitrogen has been advocated for by the right-to-die movement, and used successfully in assisted suicides but is more commonly deployed using a nitrogen-filled hood over the head.

    Smith’s lawyers have also complained about Alabama’s decision to not perform the test outlined in the mask manufacturer’s manual to ensure an airtight seal.

    Unless they published their methodology, which they refused to do, we won’t have any compelling evidence.