- Smith, 57, has been on death row since 1996 for a gruesome murder in 1988.
- Last year, prison nurses attempted to execute him by lethal injection, but were unsuccessful.
- He filed a complaint, saying it would violate his rights to be subjected to it again.
- The Alabama Supreme Court ruled today that he will be executed with nitrogen hypoxia.
The Alabama Supreme Court has agreed to execute death row inmate Kenneth Eugene Smith with nitrogen rather than a lethal injection, after a failed attempt last year.
Smith was sentenced to death in 1996 after admitting to the murder-for-hire of a pastor’s wife who had been beaten and stabbed in 1988.
He had been hired by the woman’s husband to kill her as part of a life insurance scam. The pastor who ordered the hit committed suicide before he could be arrested.
Smith was sentenced to death in 1996 after admitting to the murder-for-hire of a pastor’s wife who had been beaten and stabbed in 1988.
For 34 years he awaited execution until last November.
But when prison doctors tried to find an IV connection deep enough for the lethal injection to take effect, they couldn’t.
Smith filed a lawsuit, saying he should no longer be subjected to such pain.
As an alternative, the Supreme Court authorized the Attorney General’s Office to carry out an alternative execution, that of nitrogen hypoxia.
Although it has been legal since 2018, it has not yet been used on any detainee.
The execution date for the nitrogen gas has not yet been set.
Alabama Attorney General Steve Marshall said in a statement: “Elizabeth Sennett’s family has waited an unconscionable 35 years for justice.
“Today, the Alabama Supreme Court authorized the nitrogen hypoxia execution of Kenneth Smith for the 1988 murder-for-hire of Elizabeth.
“Although the wait was far too long, I am grateful that our talented capital litigators almost brought this case to the finish line.”
Smith and his lawyers have not yet responded to the decision.
Smith and co-defendant John Forrest Parker each took $1,000 from Sennett’s husband to commit her murder.
He was drowning in debt and wanted to kill her to get his life insurance back.
The two men violently beat and stabbed her at her home and were quickly arrested.
Sennett’s husband committed suicide a week after her death as suspicion turned to him. Parker was executed in 2010.
Alabama Attorney General Steve Marshall celebrated the decision today
