Nitrogen, Alabama’s Inert Executioner, Claims First Victim

On Thursday evening, Alabama executed a convicted murderer via nitrogen gas after the U.S. Supreme Court decided to demur from an emergency stay.

Historically, a man set to pay for his crimes had to fear the presence of something — abrupt lead poisoning, a rope, or a chemical cocktail — that would ultimately usher him before the eternal judge. But in this case, nitrogen — which comprises 78 percent of the air we breathe — was increased to 99 percent by way of a mask affixed to Kenneth Smith’s face. The nitrogen, which displaces oxygen, subsequently suffocated the condemned man. This was Alabama’s second attempt to execute Smith after having failed to do so through lethal injection in 2022. Smith was convicted of killing in 1988 one Elizabeth Dorlene Sennett, the wife of a pastor, at the pastor’s behest.

Elizabeth’s children said at a press conference after the execution (as reported by Alabama.com):

“We’re glad this is over,” said Mike Sennett, who added all three involved in his mother’s death had been forgiven.

Mike Sennett said “evil deeds” had been paid for tonight. “Elizabeth Dorlene Sennett got her justice tonight.”

I am leery of capital punishment because it’s absolute — an irreversible action in a world of error and prejudices. Further, allowing the state power over life and death is anathema to those who distrust centralized authority and its frequent excesses. Practically speaking, capital punishment is an expensive, decades-long slog — it was 35 years before Ms. Sennett’s family saw justice done. But for all that, it is right to retain the ability to prosecute state executions because evil exists and some acts are so blatant and overwhelmingly evil — school shootings, for instance — that the public needs closure. Anything else invites extrajudicial acts from police officers, lynch mobs, or vigilantes. It is better that the state, the organ most answerable to the public, retain its monopoly on violence because it is the least likely to accidentally kill an innocent man due to the years of review required to execute the convicted.

But why nitrogen? For one, it’s cheap and easily accessible. Run to most any high-end tire shop, airport, or hospital, and they’ll probably have gaseous nitrogen. There are entire compressed-gas plants dotting the American landscape such as Airgas and Linde. Compare this to the difficulty of procuring lethal-injection drugs — which are vanishingly rare due to little domestic supply and international legislation — and on a procurement level, nitrogen makes far more sense.

But is it humane? No one really knows. Lethal injection has had its share of bad press for the pain it causes while stopping the condemned’s heart, whereas nitrogen brings with it fear of failure due to vomiting possibly unseating the mask. But nitrogen still remains preferable. No needles, just the sensation of an increasingly heavy blanket. I produced compressed gases in the Navy, and we were warned about nitrogen suffocation having a stultifying effect, but we were more concerned about the rapid compression and resulting explosion inherent to liquid oxygen and hydrocarbon combinations — nitrogen didn’t register as a threat in comparison. Suffice it to say, the body will eventually recognize the lack of oxygen and react to it with violence; there is no painless death because the brain has too long to recognize the end coming. But nitrogen does not appear to be any worse than lethal injection and could be a slight improvement.

The New York Times and similarly squeamish publications don’t like it, but if the immediacy of a firing squad isn’t permitted, so there isn’t much else better suited for the unpleasant task of meting out punishment for evil acts than nitrogen.