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Alabama inmate asks judge to block first nitrogen gas execution

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Published 4:11 PM

BY KIM CHANDLER
Associated Press

MONTGOMERY, Ala. (AP) — Lawyers for the first inmate scheduled to be put to death using nitrogen gas said Monday that Alabama is seeking to make him the “test case” for an experimental execution method. Attorneys for Kenneth Eugene Smith filed an amended lawsuit challenging the constitutionality of the proposed new execution method. They asked a judge to issue a preliminary injunction to block the execution. Alabama Gov. Kay Ivey this month set a Jan. 25 execution date for Smith using nitrogen hypoxia. Alabama, Mississippi and Oklahoma have authorized nitrogen hypoxia as an execution method, but it has never been used to put an inmate to death.

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