Federal judge says Alabama can carry out nation’s 1st execution using nitrogen gas; appeal likely

Alabama will be allowed to put an inmate to death with nitrogen gas later this month, a federal judge ruled Wednesday, clearing the way for what would be the nation’s first execution under a new method the inmate’s lawyers criticize as cruel and experimental. U.S. District Judge R. Austin Huffaker rejected Alabama inmate Kenneth Eugene Smith’s request for an injunction to stop his scheduled Jan. 25 execution by nitrogen hypoxia. Smith’s attorneys have said the state is trying to make him the “test subject” for an untried execution method, and are expected to appeal the decision.