Alabama inmate opposes being 'test subject' for new nitrogen execution method
apnews.com
Attorneys for an inmate are asking the Alabama Supreme Court to reject the state's request to set an execution date for him using the new execution method of nitrogen hypoxia.

An Alabama inmate would be the test subject for the “experimental” execution method of nitrogen hypoxia, his lawyers argued, as they asked judges to deny the state’s request to carry out his death sentence using the new method.

In a Friday court filing, attorneys for Kenneth Eugene Smith asked the Alabama Supreme Court to reject the state attorney general’s request to set an execution date for Smith using the proposed new execution method. Nitrogen gas is authorized as an execution method in three states but it has never been used to put an inmate to death.

Smith’s attorneys argued the state has disclosed little information about how nitrogen executions would work, releasing only a redacted copy of the proposed protocol.

  • gears@sh.itjust.works
    241·
    1 year ago

    This is interesting, and I personally feel he is fighting it only because it buys him more time. In a different article (linked in this one), where they announce Alabama’s plan to use nitrogen it says:

    Smith, in seeking to block the state’s second attempt to execute him by lethal injection, had argued that nitrogen should be available.

    So he literally asked to use nitrogen, they said “ok” and now’s he’s saying “how dare you try to use me as a guinea pig”

    • DarthBueller@lemmy.world
      3·
      1 year ago

      If you think his inconsistent argument is ridiculous, you don’t understand the legal system. It’s okay, that’s why there are lawyers. (1) Alternate pleading is a thing, (2) the State pulls the same shit except 1000% worse, (3) the judiciary, especially the GOP judiciary that is elected on a “tough on crime” platform (got to love politicized justice), is ABSOLUTELY the most inconsistent, as their goal is to accept any argument of the State that leads to speedy execution. It goes all the way up to the SCOTUS - former Chief Justice Rehnquist was absolutely a shining star of the death machine, regardless of actual innocence. EDIT: the thing that really pisses me off is when the media covers alternate pleading without context. It’s terribly biased reporting designed to give people justice boners and pump up support for the State. EDIT2: I might be slightly off with my terms of art - I’m in transactional law, not criminal law, and it’s been a hell of a long time since law school or anything involving criminal law beyond a traffic ticket.