Sept 22 (Reuters) - The Supreme Court of Alabama is weighing whether to allow the state to become the first to execute a prisoner with a novel method: asphyxiation using nitrogen gas.
Last month, Alabama Attorney General Steve Marshall asked the court to allow the state to proceed with gassing Kenneth Smith, who was convicted of murder in 1996, using a face mask connected to a cylinder of nitrogen intended to deprive him of oxygen.
Smith’s lawyers have said the untested protocol may violate the U.S. Constitution’s ban on “cruel and unusual punishments,” and have argued a second attempt to execute him by any method is unconstitutional.
In a reply brief filed with the court on Friday, they called the nitrogen gas protocol “so heavily redacted that it is unintelligible,” and said Smith had not yet exhausted his appeals.
Hmm…interesting. I would have figured it would be more akin mechanically speaking to being suffocated, as those scenarios also deprive the body of oxygen. Maybe the difference is that the action of breathing out and then breathing back in would be expelling any remaining oxygen from the lungs without replacing it with more oxygen?
I am having a hard time following how it renders immediate unconsciousness though, given that one could simply breathe out to empty their lungs and then hold their breath for a short period of time without being rendered unconscious, and in theory that should be comparable. Sounds like I might be missing something key here that likely accounts for the disconnect.