BREAKING NEWSAlabama can execute prisoner using nitrogen gas rules federal court - after inmate's appeal that it was untested and could lead to a cruel death was rejected: Final decision on method of execution rests with SCOTUS

Daily Mail UK ^ | January 24, 2024 | Stephen M. Lepore

[Morgana]

Alabama will be allowed to put killer Kenneth Eugene Smith to death with nitrogen gas, a federal appeals court ruled Wednesday.

The ruling refuses to block what would be the nation´s first execution by a new method since 1982.

Smith will be gassed to death with nitrogen hypoxia tomorrow at 6pm in Atmore, Alabama. It will be the first execution of its kind in the US and first known nitrogen execution in the world.

Earlier Wednesday, Smith had begged the Supreme court for mercy, citing experts concerns over the method despite previously requesting it and that it would violate the Eighth Amendment’s ban on cruel and unusual punishments. They denied that appeal.

Now, it appears they will likely hear and rule on whether Alabama can use the new method of execution before Smith is set to be put to death.

Smith, 58, is one of two men convicted in the murder-for-hire slaying of a preacher´s wife in 1988 that rocked a small north Alabama community.

Prosecutors said he 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 on insurance.

Sennett, 45, was found dead March 18, 1988, in her home in Colbert County with eight stab wounds in the chest and one on each side of her neck, according to the coroner.

Her husband, Charles Sennett Sr., killed himself when the investigation focused on him as a suspect, according to court documents.

Smith´s initial 1989 conviction was overturned on appeal, but he was retried and convicted again in 1996.

The jury recommended a life sentence by a vote of 11-1, but a judge overrode that and sentenced him to death. Alabama no longer lets judges override jury decisions in death penalty cases.

[Thank You Rush]

If you get NewsNation with Chris Cuomo - 8 pm ET....he will be covering the execution and discussion on the method...I left the TV to come tell you.....He’s also having RFK, Jr. on tonight. If I miss Chris at 8, I catch him at 11 pm...