Alabama inmate asking federal appeals court to block first-ever execution by nitrogen gas

By KIM CHANDLER
Associated Press

MONTGOMERY, Ala. (AP) — An Alabama inmate set to be the first person put to death by nitrogen gas will ask a federal appeals Friday to block the upcoming execution. Kenneth Smith is scheduled to be executed by the never-used method Thursday at a south Alabama prison. The 11th U.S. Circuit Court of Appeals will hear arguments Friday afternoon in Smith’s bid to stop the execution from going forward. Alabama, Oklahoma and Mississippi have authorized nitrogen hypoxia as an execution method, but no state has previously attempted to use it. Alabama plans to put a respirator-type mask on Smith’s face to replace his breathing air with pure nitrogen — depriving him of the oxygen needed to stay alive.