Convicted murderer Kenneth Eugene Smith survived a botched attempt to execute him using lethal injection last year. His lawyers have accused officials of using him as a 'test subject'.
Alabama's Supreme Court has ruled a prisoner can be executed using nitrogen gas for the first time in the US. The all-Republican court approved the request for the death of convicted murderer Kenneth Eugene Smith on Wednesday. The panel of judges, who voted six to two in favour, did not specify the execution method themselves, but the state's attorney general made clear in his court filings that officials intended to use the gas. Smith was sentenced to death following a trial in 1996.
' He added: 'Today, the Alabama Supreme Court cleared the way for Kenneth Eugene Smith to be executed by nitrogen hypoxia. 'Though the wait has been far too long, I am grateful that our capital litigators have nearly gotten this case to the finish line.' Lawyers for Smith had urged the court to reject the execution request.
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