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Kenneth Smith, execution survivor, set to receive nitrogen gas execution Thursday

On Thursday, an execution will be carried out on an Alabama inmate through the use of nitrogen gas for the first time in U.S. history. Kenneth Smith survived his initial execution attempt in November 2022.

Smith was arrested in 1988 for his part in the murder of Elizabeth Sennett, a pastor’s wife in Sheffield, Alabama.

Charles Sennett hired Smith and two others for $1,000 to stage her death as a home invasion in a plot to cover up his affair and collect a life insurance policy to pay off his debts. Sennett committed suicide shortly after the investigation began, while Smith and his accomplice John Forrest Parker were sentenced to death.

The third man involved in the plot, Billy Williams, died in prison while serving a life sentence.

RELATED: AG: Failed execution not ‘cruel or unusual’

Beyond the shocking details of his crimes, Smith’s battle with death row has garnered national attention. At his first trial, Smith was found guilty of murder and sentenced to death by the jury. He appealed. While the jury at his second trial voted 11-1 in favor of a life sentence, the judge overrode their recommendation. Smith was once again sentenced to death.

Alabama ended the practice of judge-overridden in death penalty cases in 2017, the last state in the U.S. to do so. While judges are no longer allowed to impose capital punishment without a jury recommendation, Alabama still intends to carry out executions sentenced by this method. 

Smith’s first execution was attempted on November 17, 2022, amid a firestorm of legal challenges and attempts to overturn the order by his attorneys. 

RELATED: Mike Rogers blasts UN effort to stop Alabama execution

Ultimately, the U.S. Supreme Court lifted a stay of execution. When administrators, facing a midnight deadline, had issues accessing Smith’s veins, the execution was called off. 

Fast forward to today. Tonight, by order of Governor Kay Ivey, Kenneth Smith is set to be the first person to be executed by Nitrogen gas. The word controversy doesn’t do it justice. 

While media outlets across the globe have reported on Smith’s second execution from angles of disapproval — frequently using language such as “untested” to describe the method — Governor Ivey and the Alabama Department of Corrections are on a consistent course for a Thursday execution. 

Jake Yohn is a contributing writer for Yellowhammer News

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