Tag: capital punishment

Alabama Attorney General vows to use nitrogen gas executions AGAIN as he doubles down on ‘textbook’ controversial death with 43 Alabama death row inmates set to die just like Kenneth Eugene Smith

Alabama‘s Attorney General has vowed to keep using nitrogen gas to execute inmates despite harrowing reports from witnesses to Kenneth Eugene Smith’s execution.

Steve Marshall even offered to assist other states in procuring the previously-untested method, brushing off claims the killer writhed and shook in agony as he was slowly suffocated to death in a 22-minute ordeal on Thursday night. 

‘What occurred last night was textbook,’ Marshall said Friday, contrasting allegations from many, including Smith’s spiritual advisor who said it was ‘torture’ and the ‘worst thing’ he had ever seen. 

‘When they turned the nitrogen on, he began to convulse, he popped up on the gurney over and over again, he shook the whole gurney,’ spiritual advisor Jeff Hood, who was in the chamber, said immediately after the execution.  

In the face of the controversy, nitrogen hypoxia has opened a new avenue for US prisons to continue the practice of executions, with some states going years without amid a nationwide shortage of lethal injection drugs. 

Marshall cited this in his remarks Friday, praising how nitrogen gas executions are ‘no longer an untested method – it is a proven one.’ 

Officials insisted for months leading up to the execution that it would be humane and painless for Smith, who had a previous execution in 2022 called off after prison staff tried and failed to insert an IV line for several painful hours. 

Following the failed execution in 2022, Smith sought his subsequent execution to be carried out via nitrogen hypoxia – in an apparent gamble that officials wouldn’t follow through with the untested method.

However, Marshall said of the 165 inmates on Alabama’s death row, 43 prisoners have opted to be executed via nitrogen hypoxia over lethal injection when their time comes. 

‘We’ll definitely have more nitrogen hypoxia executions in Alabama,’ he concluded. 

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Minute by gruesome minute: From his last words to the final horrifying spasm on his gurney, how America’s first nitrogen gas execution saw killer Kenneth Smith thrash around while his wife wept during grisly 22-minute death in Alabama prison

A murderer was put to death in Alabama overnight with a previously unused and untested method, in what witnesses described as a horrifying 22-minute ordeal.

Kenneth Eugene Smith, 58, was paid $1,000 to kill an Alabama woman, 45-year-old Elizabeth Sennett, more than 30 years ago and was sentenced to death for the crime. He has been on death row ever since.

The state had previously attempted to execute Smith in 2022, but the lethal injection was called off at the last minute because authorities couldn’t connect an IV line.

On Thursday night, the state tried again to put him to death, this time successfully using ‘nitrogen hypoxia’ – suffocation by administering gas through a mask.

It marked the first time a new execution method was used in the US since 1982, when lethal injection was introduced and later became the most common method. 

Alabama had predicted the nitrogen gas would cause unconsciousness within seconds and death within minutes.

However, those who watched the execution at the Holman Correctional Facility in Atmore, Alabama have said it was anything but simple.

Witnesses said Smith appeared to shake and convulse at the start, pulled against his restraints, and breathed for up to ten minutes before finally falling unconscious.

While executions are never filmed in the US, it is possible to piece together the events from witnesses testimony given by those who watched the scene unfold in the immediate aftermath of Smith’s death.

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The grisly history of America’s death row: Agonising three-hour death from botched lethal injection, notorious last meals and the real-life execution that has eerie parallels to Green Mile

The impending execution of killer Kenneth Eugene Smith with untested nitrogen has brought America’s controversial capital punishment system back into sharp focus.

Smith will be gassed to death with nitrogen hypoxia tomorrow at 6pm in Atmore, Alabama, after the US Supreme Court denied his appeal.

It will be the first execution of its kind in the US and first known nitrogen execution in the world. 

But Smith’s demise will be just the latest in a long line of officially sanctioned killings in the United States.

The 2000 hit film adaptation of Stephen King’s novel the Green Mile, which featured a horrifying electric chair execution scene, was loosely based on the real case of 14-year-old George Stinney, who was electrocuted for the murders of two girls in 1944.

In 1928, housewife Ruth Snyder was executed by the same method after murdering her husband with her lover. Incredibly, a photographer took a secret picture of the moment of her death using a camera strapped to his ankle.

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CRIME SCENE DNA DIDN’T MATCH MARCELLUS WILLIAMS. MISSOURI MAY FAST-TRACK HIS EXECUTION ANYWAY.

FELICIA ANNE GAYLE PICUS was found dead in her home, the victim of a vicious murder that devastated her family and rattled her neighbors in the gated community of University City, Missouri, just outside St. Louis. Police suspected a burglary gone wrong. The scene was replete with forensic evidence: There were bloody footprints and fingerprints, and the murder weapon — a kitchen knife used to stab Picus — was left lodged in her neck.

That detail caught the medical examiner’s attention. Weeks earlier, another woman had been stabbed to death just a couple of miles away, and the weapon was left in the victim’s body. Days after Picus’s murder, the University City police chief told the St. Louis Post-Dispatch that investigators had identified a “prime suspect,” someone they said had been spotted in the area “in recent weeks,” whom they believed had killed before.

But whatever became of that lead is unclear. After Picus’s family posted a $10,000 reward for information leading to the arrest and conviction of her killer, a jailhouse informant named Henry Cole came forward with a story about how his former cellmate, Marcellus Williams, had confessed to murdering Picus. Soon, police secured a second informant: Laura Asaro, Williams’s former girlfriend, also told the cops that Williams was responsible for the killing. There were reasons to be wary of their stories. Both informants were facing prison time for unrelated crimes and stood to benefit. Many of the details they offered shifted over the course of questioning, while others did not match the crime. Nonetheless, Williams was charged with Picus’s murder, convicted, and sentenced to death.

Questions about the investigation and Williams’s guilt have only mounted in the years since the August 1998 crime. DNA testing on the murder weapon done years after his conviction revealed a partial male profile that could not have come from Williams. On the eve of Williams’s scheduled execution in 2017, then-Missouri Gov. Eric Greitens intervened. He issued an executive order that triggered a rarely used provision of Missouri law, empaneling a board to review the evidence, including DNA, that jurors never heard about at trial.

While that review was ongoing for most of the last six years, the board never submitted a final report or recommendation to the governor, as the law requires. Instead, last June, Gov. Mike Parson announced that he was rescinding his predecessor’s order, effectively dissolving the panel that had been reinvestigating the case.

The question now is whether Missouri law allows the governor to simply disappear an ongoing investigation. Because the law has so rarely been used, its contours have never been fully litigated, prompting the Midwest Innocence Project, which represents Williams, to file a civil lawsuit seeking to invalidate Parson’s order. The state’s attorney general balked, arguing that Williams was trying to usurp the governor’s independent clemency powers. The AG has asked the Missouri Supreme Court to toss the lawsuit — and clear the way for Williams’s execution.

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Florida’s revival of death penalty fuels rise in US executions in 2023

The US saw a rise in executions in 2023 as a result of Florida’s revival of the death penalty, amid Ron DeSantis’s “tough on crime” campaign for the Republican presidential nomination.

DeSantis scheduled six executions this year – the first time the state has judicially killed people since 2019 and the largest number in almost a decade. Florida also handed down five new death sentences this year, more than any other state.

Florida’s sudden return to the death business accounts for the increase in execution numbers nationwide, which rose to 24 in 2023 from 18 in 2022 – a startling reversal of the death penalty’s historical decline across the US.

The flurry of executions greenlit by DeSantis is highlighted in the annual review of capital punishment released on Friday by the authoritative Death Penalty Information Center (DPIC). The report points to a sharp dichotomy that while the ultimate punishment is generally on the wane in the US – this year was the ninth in a row when fewer than 30 prisoners were put to death – there is rising concern about the visceral unfairness of the practice.

In Florida’s case, the number of executions carried out this year raises a disturbing ethical prospect: can the cost of DeSantis’s bid for the White House be counted not only in the millions of dollars spent on the campaign trail, but also in human lives?

This is not the first time that the death penalty has been injected into presidential posturing. Bill Clinton, keen to quash claims that he was soft on crime, memorably quit the campaign trail in 1992 to return to Arkansas, where he was then governor, for the execution of a mentally impaired prisoner, Rickey Ray Rector.

DeSantis has similarly made law and order a central pillar of his challenge to Donald Trump for the Republican nomination. In addition to increasing penalties for drug traffickers, DeSantis has passed two new death penalty laws this year designed to make it easier to send people to death row.

The first allows the death sentence to be meted out in cases of the non-fatal sexual assault of a child – a direct contravention of a 2008 US supreme court ruling that prohibits such penalties.

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Alabama’s next death penalty atrocity: The execution of Casey McWhorter

30 years after a murder committed by three teenage boys, Alabama plans to execute one of them, Casey McWhorter, who was just three months past his 18th birthday at the time of the crime. (McWhorter’s co-defendants were 15 and 16, respectively.)

Any argument in favor of executing McWhorter is undercut by the illogical, unbending brutality of a bright-line legal rule established by the U.S. Supreme Court. In 2005, in Roper v. Simmons, the Court held the 8th and 14th Amendments prohibit the execution of defendants younger than age 18, but, not the execution of juveniles like McWhorter whom — mentally and emotionally — under any reasonable interpretation, were children at the time of their crime(s). This is because of Roper’s legal fiction that childhood rigidly ends at 18 years of age — on the nose — and not a day, or as in McWhorter’s case, 3 months, older. Describing that period in his life to a reporter recently, McWhorter said: “I had issues in my head that I didn’t know how to work out.”

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State Cleared to Use Never-Before-Seen Execution Method on Murderer of Preacher’s Wife

A divided Alabama Supreme Court has ruled in favor of using nitrogen gas as a method of execution, marking the first instance of the method being considered for carrying out a death sentence.

The all-Republican court, in a 6-2 decision issued on Wednesday, granted the state attorney general’s request for an execution warrant for Kenneth Eugene Smith. Smith was one of two individuals convicted in the 1988 murder-for-hire killing of Elizabeth Sennett in northwestern Alabama. The specific execution date will be determined later by Governor Kay Ivey.

This decision brings Alabama closer to becoming the first state to pursue nitrogen gas as an execution method. However, it is likely that further legal challenges will emerge before this method is actually used. Other states like Oklahoma and Mississippi have also authorized nitrogen hypoxia for executions, a process in which an inmate breathes pure nitrogen and is deprived of the oxygen required for survival. While advocates argue it may be painless, opponents liken it to unethical human experimentation.

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President Trump Freed Drug Offenders. Candidate Trump Wants To Kill Them.

Donald Trump can’t seem to decide whether he wants to execute drug dealers or free them from prison. The former president’s debate with himself reflects a broader clash between Republicans who think harsher criminal penalties are always better and Republicans who understand that justice requires proportionality.

Trump has long admired brutal drug warriors like Rodrigo Duterte, the former president of the Philippines. Consistent with that affinity, he has repeatedly floated the idea of imposing the death penalty on drug traffickers.

Trump returned to that theme in November 2022, when he officially launched his 2024 presidential campaign. “We’re going to be asking everyone who sells drugs, gets caught selling drugs, to receive the death penalty for their heinous acts,” he said.

Trump reiterated that position during a June 2023 interview with Fox News anchor Bret Baier, saying, “That’s the only way you’re going to stop it.” But as Baier pointed out, a policy of executing “everyone who sells drugs” is inconsistent with Trump’s record as president, which included sentencing reforms and acts of clemency aimed at reducing drug penalties that Trump described as “very unfair.”

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No, Mike Pence, We Should Not Make It Easier To Execute Mass Shooters

During last night’s Republican presidential debate, former Vice President Mike Pence had a startling answer to a question about what he would do to reduce gun violence.

“I am sick and tired of these mass shootings happening in the United States of America,” said Pence. “And if I’m president of the United States, I’m going to go to the Congress of the United States, and we’re going to pass a federal expedited death penalty for anyone involved in a mass shooting so that they will meet their fate in months, not years. It is unconscionable that the Parkland shooter…is actually going to spend the rest of his life behind bars in Florida. That’s not justice. We have to mete out justice and send a message to these would-be killers that you are not going to live out your days behind bars. You’re going to meet justice.”

This plan is not just unlikely to reduce mass shootings; it would leave lots of accused criminals without important procedural protections. While “mass shooting” doesn’t have a set legal definition, one common definition puts it as any shooting with at least four victims, including people who were injured rather than killed. By that metric, over 3,500 mass shootings occurred from 2015 to 2022. Roughly 95 percent of these shootings resulted in fewer than four deaths, according to Everytown for Gun Safety’s data. That includes a lot of crimes that do not look like Parkland—crimes in which there could be serious doubts about whether the accused is in fact guilty.

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9/11 defendant unfit to stand trial, US judge rules

A military judge at Guantanamo Bay has ruled one of the five defendants charged over the 9/11 attacks is not fit to stand trial in a death-penalty case.

The defendant Ramzi bin al-Shibh has been diagnosed with post-traumatic stress disorder, associated psychotic features and a delusional disorder.

His lawyer has long claimed his client was “tortured by the CIA”.

Al-Shibh was scheduled to face pretrial proceedings on Friday.

Colonel Matthew McCall in the US base on the eastern tip of Cuba accepted the findings of the doctors which said in August that al-Shibh was too psychologically damaged to defend himself.

The medical board of doctors concluded al-Shibh had become delusional and psychotic, The New York Times reported.

That made him incompetent to either face trial or plead guilty, according to a report filed with his trial judge on 25 August.

According to the report, the military psychiatrists said his condition left him “unable to understand the nature of the proceedings against him or cooperate intelligently”.

He was supposed be on trial on Friday with four other defendants, including Khalid Sheikh Mohammed, believed to be the mastermind of the 9/11 attacks.

Before the trial, Colonel McCall has decided to remove al-Shibh from the case. The hearing of the other four defendants is expected to proceed as scheduled.

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