Steve Marshall argues, “There is no moratoriums on executions”
On Monday, Attorney General Steve Marshall told reporters in a press conference in Montgomery, “As far as I and my office are concerned, there is no moratorium (on executions), nor will there be.” Alabama Governor Kay Ivey in November asked the attorney general’s office not to schedule any more executions until a review was conducted of what went wrong in the botched execution of Kenny Smith, where the state failed to kill Smith by lethal injection. “I have not spoken with the Governor,” Marshall said. “I am not objecting to the review, but I am also saying that there is a time limit on the review.” Marshall said there was no moratorium and chastised the media for calling it a moratorium. Marshall explained that when the state obtains an order for an execution, it has to be carried out within a 24-hour period, but the Alabama Department of Corrections (ADOC) narrows that down to a six-hour window. That rule has been in place for years, long before Marshall or Ivey were in office. Marshall said that the review should be “expedited quickly.” Ivey ordered the review on November 21 after ADOC’s employees failed to find a vein to execute the murderer on November 17. “I look forward to having a conversation with the governor about this,” Marshall said. “But to me, it is a very discrete and limited investigation.” Marshall called the failed Kenny Smith execution “a travesty” because the victim’s family had waited 35 years for justice. “Almost half of Alabama’s population was not even born yet,” Marshall commented. Marshall laid the blame “at the feet of the inmates and their lawyers.” Marshall said that his attorneys were forced to respond to the “frivolous claims” of Smith’s attorneys before the Supreme Court, which took time, and that Smith resisted efforts by ADOC employees to insert the needle into the vein. “Much of that coverage has been sympathetic to Smith,” Marshall said, chastising the liberal media and dismissing Smith’s attorney’s claims that he was tortured in the botched execution attempt. Marshall said, “A cold-blooded killer complained about the prodding and poking. He is the monster.” Marshall and his accomplice, John Forrest Parker, were each paid $1000 to kill Elizabeth Sennett by her husband. Parker was executed in 2010. “She stabbed her six times with a six-inch survival knife,” Marshall said. “And then was beaten to a pulp so that her friends and family could not recognize her.” Marshall said, “Smith has succeeded only in postponing, not escaping that just punishment.” To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Alabama fails to complete lethal injection for 3rd time
Alabama’s string of troubled lethal injections, which worsened late Thursday as prison workers aborted another execution because of a problem with intravenous lines, is unprecedented nationally, a group that tracks capital punishment said Friday. The uncompleted execution of Kenneth Eugene Smith was the state’s second such instance of being unable to kill an inmate in the past two months and its third since 2018. The state completed an execution in July, but only after a three-hour delay caused at least partly by the same problem with starting an IV line. A leader at the Death Penalty Information Center, an anti-death penalty group with a large database on executions, said no state other than Alabama has had to halt an execution in progress since 2017, when Ohio halted Alva Campbell’s lethal injection because workers couldn’t find a vein. According to Ngozi Ndulue, deputy director of the Washington-based group, the only other lethal injection stopped before an inmate died also was in Ohio in 2009. “So Alabama has more aborted lethal injections in the past few years than the rest of the country has overall,” she said. Something has obviously gone wrong with the state’s execution procedure, Ndulue said. “I think Alabama clearly has some explaining to do, but also some reflection to do about what is going wrong in its execution process,” she said. “The question is whether Alabama is going to take that seriously.” The Alabama Department of Corrections disputed that the cancellation was a reflection of problems. In a statement, it blamed the late-running court action for the cancellation because prison officials “had a short timeframe to complete its protocol.” Prison officials said they called off Smith’s execution for the night after they were unable to get the lethal injection underway within the 100-minute window between the courts clearing the way for it to begin and a midnight deadline when the death warrant expired for the day. The U.S. Supreme Court cleared the way for Smith’s execution when at about 10:20 p.m., it lifted a stay issued earlier in the evening by the 11th U.S Circuit Court of Appeals. But the state decided about an hour later that the lethal injection would not happen that evening. “We have no concerns about the state’s ability to carry out future lethal injection procedures,” the Alabama Department of Corrections said in an emailed statement. “The department will continue to review its processes, as it routinely does following each execution, to identify areas of improvement.” Alabama Gov. Kay Ivey also blamed Smith’s last-minute appeals as the reason “justice could not be carried out” U.S District Judge R. Austin Huffaker Jr. on Friday granted a request from Smith’s lawyers to visit with Smith and take photographs of his body. He also ordered the state to preserve notes and other materials related to what happened in the failed execution. Smith’s attorneys said they believe he may have been strapped to a gurney for four hours even though his final appeals were still underway. “Mr. Smith no doubt has injuries from the attempted execution — and certainly physical and testimonial evidence that needs to be preserved — that can and should be photographed and/or filmed,” lawyers for Smith wrote. Smith, who was scheduled to be put to death for the murder-for-hire slaying of a preacher’s wife in 1988, was returned to death row at Holman Prison after surviving the attempt, a prison official said. His lawyers declined to comment Friday morning. Corrections Commissioner John Hamm said prison staff tried for about an hour to get the two required intravenous lines connected to Smith, 57. Hamm said they established one line but were unsuccessful with a second line, which is required under the state’s protocol as a backup, after trying several locations on Smith’s body. Officials then tried a central line, which involves a catheter placed into a large vein. “We were not able to have time to complete that, so we called off the execution,” Hamm said. The initial postponement came after Smith’s final appeals focused on problems with IV lines at Alabama’s last two scheduled lethal injections. Because the death warrant expired at midnight, the state must go back to court to seek a new execution date. Advocacy groups and defense lawyers said Alabama’s continued problems show a need for a moratorium to investigate how the death penalty is carried out in the state. “Once again, the state of Alabama has shown that it is not capable of carrying out the present execution protocol without torture,” federal defender John Palombi, who has represented many death row inmates in the state, said via email Prosecutors said Smith was one of two men who were each paid $1,000 to kill Elizabeth Sennett on behalf of her husband, who was deeply in debt and wanted to collect the insurance. The slaying — and the revelations of who was behind it — rocked the small north Alabama community where it happened in Colbert County and inspired a song called “The Fireplace Poker,” by the Southern rock group Drive-By Truckers. John Forrest Parker, the other man convicted in the slaying, was executed in 2010. Alabama has faced scrutiny over its problems at recent lethal injections. In ongoing litigation, lawyers for inmates are seeking information about the qualifications of the execution team members responsible for connecting the lines. In a Thursday hearing in Smith’s case, a federal judge asked the state how long was too long to try to establish a line, noting at least one state gives an hour limit. The execution of Joe Nathan James Jr. in July took several hours to get underway because of problems establishing an IV line, leading Reprieve US Forensic Justice Initiative, an anti-death penalty group, to claim the execution was botched. In September, the state called off the scheduled execution of Alan Miller because of difficulty accessing his veins. Miller said in a court filing that prison staff poked him with needles for more than an hour, and at one point, left him hanging vertically on a gurney before announcing they were
Alabama calls off execution of Kenneth Smith after difficulties inserting IV
Alabama’s execution of a man convicted in the 1988 murder-for-hire slaying of a preacher’s wife was called off Thursday just before the midnight deadline because state officials couldn’t find a suitable vein to inject the lethal drugs. Alabama Department of Corrections Commissioner John Hamm said prison staff tried for about an hour to get the two required intravenous lines connected to Kenneth Eugene Smith, 57. Hamm said they established one line but were unsuccessful with a second line after trying several locations on Smith’s body. Officials then tried a central line, which involves a catheter placed into a large vein. “We were not able to have time to complete that, so we called off the execution,” Hamm said. It is the second execution since September the state has canceled because of difficulties with establishing an IV line with a deadline looming. The U.S. Supreme Court cleared the way for Smith’s execution when at about 10:20 p.m., it lifted a stay issued earlier in the evening by the 11th U.S Circuit Court of Appeals. But the state decided about an hour later that the lethal injection would not happen that evening. The postponement came after Smith’s final appeals focused on problems with intravenous lines at Alabama’s last two scheduled lethal injections. Because the death warrant expired at midnight, the state must go back to court to seek a new execution date. Smith was returned to his regular cell on death row, a prison spokesperson said. Prosecutors said Smith was one of two men who were each paid $1,000 to kill Elizabeth Sennett on behalf of her husband, who was deeply in debt and wanted to collect on insurance. The slaying, and the revelations over who was behind it, rocked the small north Alabama community Alabama Gov. Kay Ivey blamed Smith’s last-minute appeals for the execution not going forward as scheduled. “Kenneth Eugene Smith chose $1,000 over the life of Elizabeth Dorlene Sennett, and he was guilty, no question about it. Some three decades ago, a promise was made to Elizabeth’s family that justice would be served through a lawfully imposed death sentence,” Ivey said. “Although that justice could not be carried out tonight because of last minute legal attempts to delay or cancel the execution, attempting it was the right thing to do.” Alabama has faced scrutiny over its problems at recent lethal injections. In ongoing litigation, lawyers for inmates are seeking information about the qualifications of the execution team members responsible for connecting the lines. In a Thursday hearing in Smith’s case, a federal judge asked the state how long was too long to try to establish a line, noting at least one state gives an hour limit. The execution of Joe Nathan James Jr. took several hours to get underway because of problems establishing an IV line, leading an anti-death penalty group to claim the execution was botched. In September, the state called off the scheduled execution of Alan Miller because of difficulty accessing his veins. Miller said in a court filing that prison staff poked him with needles for more than an hour, and at one point, they left him hanging vertically on a gurney before announcing they were stopping. Prison officials have maintained the delays were the result of the state carefully following procedures. Sennett was found dead on March 18, 1988, in the home she shared with her husband on Coon Dog Cemetery Road in Alabama’s Colbert County. The coroner testified that the 45-year-old woman had been stabbed eight times in the chest and once on each side of the neck. Her husband, Charles Sennett Sr., who was the pastor of the Westside Church of Christ, killed himself when the murder investigation focused on him as a suspect, according to court documents. John Forrest Parker, the other man convicted in the slaying, was executed in 2010. “I’m sorry. I don’t ever expect you to forgive me. I really am sorry,” Parker said to the victim’s sons before he was put to death. According to appellate court documents, Smith told police in a statement that it was “agreed for John and I to do the murder” and that he took items from the house to make it look like a burglary. Smith’s defense at trial said he participated in the attack, but he did not intend to kill her, according to court documents. In the hours before the execution was scheduled to be carried out, the prison system said Smith visited with his attorney and family members, including his wife. He ate cheese curls and drank water but declined the prison breakfast offered to him. Smith was initially convicted in 1989, and a jury voted 10-2 to recommend a death sentence, which a judge imposed. His conviction was overturned on appeal in 1992. He was retried and convicted again in 1996. The jury recommended a life sentence by a vote of 11-1, but a judge overrode the recommendation and sentenced Smith to death. In 2017, Alabama became the last state to abolish the practice of letting judges override a jury’s sentencing recommendation in death penalty cases, but the change was not retroactive and therefore did not affect death row prisoners like Smith. The Equal Justice Initiative, an Alabama-based nonprofit that advocates for inmates, said Smith stands to become the first state prisoner sentenced by judicial override to be executed since the practice was abolished. The U.S. Supreme Court on Wednesday denied Smith’s request to review the constitutionality of his death sentence on those grounds. Republished with the permission of The Associated Press.
Execution set in murder-for-hire of preacher’s wife
Alabama is preparing to execute a man convicted in the 1988 murder-for-hire slaying of a preacher’s wife, even though a jury recommended he receive life imprisonment instead of a death sentence. Kenneth Eugene Smith, 57, is scheduled to receive a lethal injection at a south Alabama prison on Thursday evening. Prosecutors said Smith was one of two men who were each paid $1,000 to kill Elizabeth Sennett on behalf of her husband, who was deeply in debt and wanted to collect on insurance. Elizabeth Sennett was found dead on March 18, 1988, in the couple’s home on Coon Dog Cemetery Road in Alabama’s Colbert County. The coroner testified that the 45-year-old woman had been stabbed eight times in the chest and once on each side of the neck. Her husband, Charles Sennett Sr, who was the pastor of the Westside Church of Christ in Sheffield, killed himself one week after his wife’s death when the murder investigation started to focus on him as a suspect, according to court documents. ADVERTISEMENT Smith’s final appeals focused on the state’s difficulties with intravenous lines at the last two scheduled lethal injections. One execution was carried out after a delay, and the other was called off as the state faced a midnight deadline to get the execution underway. Smith’s attorneys also raised the issue that judges are no longer allowed to sentence an inmate to death if a jury recommends a life sentence. John Forrest Parker, the other man convicted in the slaying, was executed in 2010. “I’m sorry. I don’t ever expect you to forgive me. I really am sorry,” Parker said to the victim’s sons before he was put to death. According to appellate court documents, Smith told police in a statement that it was, “agreed for John and I to do the murder” but that he just took items from the house to make it look like a burglary. Smith’s defense at trial said he agreed to beat up Elizabeth Sennett but that he did not intend to kill her, according to court documents. The U.S. Supreme Court on Wednesday denied Smith’s request to review the constitutionality of his death sentence. Smith was initially convicted in 1989, and a jury voted 10-2 to recommend a death sentence, which a judge imposed. His conviction was overturned on appeal in 1992. He was retried and convicted again in 1996. This time, the jury recommended a life sentence by a vote of 11-1, but a judge overrode the jury’s recommendation and sentenced Smith to death. In 2017, Alabama became the last state to abolish the practice of letting judges override a jury’s sentencing recommendation in death penalty cases, but the change was not retroactive and therefore did not affect death row prisoners like Smith. The Equal Justice Initiative, an Alabama-based nonprofit that advocates for inmates, said that Smith stands to become the first state prisoner sentenced by judicial override to be executed since the practice was abolished. Smith filed a lawsuit against the state seeking to block his upcoming execution because of reported problems at recent lethal injections. Smith’s attorneys pointed to a July execution of Joe Nathan James Jr., which an anti-death penalty group claimed was botched. The state disputed those claims. A federal judge dismissed Smith’s lawsuit last month, but also cautioned prison officials to strictly follow established protocol when carrying out Thursday’s execution plan. In September, the state called off the scheduled execution of inmate Alan Miller because of difficulty accessing his veins. Miller said in a court filing that prison staff poked him with needles for over an hour, and at one point, they left him hanging vertically on a gurney before announcing they were stopping for the night. Prison officials said they stopped because they were facing a midnight deadline to get the execution underway. Republished with the permission of The Associated Press.
Alabama sets execution date for Kenneth Eugene Smith
Alabama has set a November execution date for a man convicted in the 1988 murder-for-hire killing of a pastor’s wife. The scheduled execution follows criticism over the state’s last two lethal injection attempts, including one that was called off after the execution team had trouble finding a vein. Kenneth Eugene Smith, 57, is set to die at Holman Correctional Facility on November 17, according to a Friday order from the Alabama Supreme Court. Smith was sentenced to death for the killing of Elizabeth Dorlene Sennett, a 45-year-old grandmother and pastor’s wife. Prosecutors said Smith was one of two men who were each paid $1,000 to kill Sennett on behalf of her husband, the Rev. Charles Sennett, who was deeply in debt and wanted to collect on insurance. Elizabeth Sennett was found dead on March 18, 1988, in the couple’s home in Colbert County. The coroner testified that she had been stabbed eight times in the chest and once on each side of the neck. The pastor killed himself a week later. Smith maintained it was the other man who stabbed Elizabeth Sennett, according to court documents. Smith was initially convicted in 1989, and a jury voted 10-2 to recommend a death sentence, which a judge imposed. His conviction was overturned on appeal in 1992. He was retried and convicted again in 1996. This time, the jury recommended a life sentence by a vote of 11-1, but a judge overrode the jury’s recommendation and sentenced Smith to death. Alabama no longer allows a judge to override a jury’s recommendation. In 2017, Alabama became the last state to abolish the practice of letting judges override a jury’s sentencing recommendation in death penalty cases, but the change was not retroactive and therefore did not affect death row prisoners like Smith. John Forrest Parker, the other man that prosecutors said was paid to kill Elizabeth Sennett, was executed in 2010. When asked if he had any final words, Parker turned his head to face Mike and Charles Sennett, the victim’s sons, and said, “I’m sorry. I don’t ever expect you to forgive me. I really am sorry.” Alabama last month called off the execution of Alan Miller because of difficulty accessing the inmate’s veins. Alabama Corrections Commissioner John Hamm told reporters that “accessing the veins was taking a little bit longer than we anticipated,” and the state did not have sufficient time to get the execution underway by a midnight deadline. That was at least the third time Alabama has acknowledged problems with venous access during a lethal injection. The state’s July execution of Joe Nathan James took more than three hours to get underway. And, in 2018, Alabama called off the execution of Doyle Hamm after being unable to establish an intravenous line. Republished with the permission of The Associated Press.
