Lawyers filed a lawsuit Wednesday over Alabama’s first execution using nitrogen gas, The Associated Press (AP) reported.
Rev. Jeff Hood, the adviser to inmate Kenneth Eugene Smith, alleges that the state’s first execution using nitrogen gas is “hostile to religion,” according to The AP. Smith is set for execution next month and he reportedly would be the first person in the nation to face death by nitrogen gas. The execution method involves administering nitrogen through a gas mask, replacing the breathing air to cause death by oxygen deprivation.
Hood expressed his concerns about the risks involved, not just for Smith but for those attending the execution, according to The AP. The Alabama Department of Corrections reportedly asked Hood to maintain a distance of three feet from Smith’s gas mask and sign a waiver acknowledging these risks. Hood said he sees this as a limitation on his ability to minister effectively at a critical moment in Smith’s life, the outlet reported.
Lawyers for a spiritual adviser to an Alabama inmate scheduled to be executed with nitrogen gas next month say that restrictions on how close the adviser can get to the inmate in the death chamber are “hostile to religion.” https://t.co/zjnBZfB2Jj
— NBC News (@NBCNews) December 14, 2023
“They’ve asked me to sign a waiver, which to me speaks to the fact that they’re already concerned that things could go wrong,” Hood told The AP. (RELATED: Alabama Supreme Court Rules State Can Use Nitrogen Gas In Inmate Execution)
In 2022, the U.S. Supreme Court ruled states must accommodate death row inmates‘ wishes to have their spiritual advisors present, including allowing them to pray aloud and touch the inmates during executions, The AP reported. Hood’s complaint reportedly argues that Alabama’s restrictions directly violate this ruling.
Smith’s case is complicated by a previous botched execution attempt via lethal injection, which was aborted when the team failed to establish the necessary intravenous lines, according to The AP.
The Alabama Department of Corrections declined to comment to The AP due to ongoing litigation.