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.
Judge dismisses lawsuit over upcoming lethal injection
A federal judge dismissed an inmate’s claim seeking to block his upcoming execution in Alabama because of reported problems at a recent lethal injection. The judge on Sunday granted Alabama’s request to dismiss the lawsuit brought by Kenneth Eugene Smith, agreeing that Smith waited too long to file the challenge. But U.S. District Judge R. Austin Huffaker Jr. also warned Alabama’s prison commissioner to strictly follow established protocol when officials attempt to put Smith to death next month. “Sanctions will be swift and serious if counsel and the Commissioner do not honor or abide by their representations and stipulations,” Huffaker wrote. Smith is set to be executed by lethal injection November 17 after being convicted in the murder-for-hire killing of Elizabeth Dorlene Sennett, 45. Smith’s attorneys pointed to a July execution, which an anti-death penalty group claims was botched, to argue that Alabama’s lethal injection process creates a risk of cruel and unusual punishment. The July 28 execution of Joe Nathan James Jr. was carried out more than three hours after the U.S. Supreme Court denied a request for a stay. State officials later acknowledged the execution was delayed because of difficulties in establishing an intravenous line but did not specify how long it took. A doctor who witnessed a private autopsy paid for by an anti-death penalty group said it appeared officials might have attempted to perform a “cutdown,” a procedure in which the skin is opened to allow a visual search for a vein. Huffaker noted that Corrections Commissioner John Hamm “represents in his brief and during oral argument that the ADOC did not employ a cutdown procedure or intramuscular sedation during the James execution and denies any present intent to employ any such procedure in the future.” Huffaker ruled that Smith missed the time frame to challenge Alabama’s lethal injection process. Smith missed the 2018 deadline to request execution by nitrogen hypoxia, an execution method that Alabama has authorized but not developed a process to use. Smith’s attorneys argued that the state violated his due process rights by not providing him the information necessary to make a knowing and voluntary waiver of his nitrogen hypoxia election right in 2018. ADVERTISEMENT His attorneys argue that Smith did not know nitrogen hypoxia “would not be implemented for years, if ever.” Huffaker said that complaint also could not overcome a “clear statute-of-limitations hurdle.” Prosecutors said Smith was one of two men 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. Smith maintained it was the other man who killed 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. Republished with the permission of The Associated Press.
Judge grills Alabama officials over lethal injection process
A federal judge on Thursday questioned Alabama officials about the state’s lethal injection procedures — including how many needle “pokes” are too many — after problems with vein access at the state’s last two scheduled executions. U.S. District Judge R. Austin Huffaker, Jr. put forth the questions during a court hearing in a lawsuit filed by Kenneth Eugene Smith, who is seeking to block his upcoming Nov. 17 execution. His attorneys have pointed to problems at recent lethal injections. Alabama called off a lethal injection last month after having trouble accessing the veins of the 351-pound (159-kilogram) inmate, and advocacy groups have alleged a July execution, carried out after a lengthy delay, was botched. Huffaker asked an attorney for the state at what point is the search for a vein impacted by the constitutional ban on cruel and unusual punishment. “It is 10 pokes? Is it 11? Is it 100? Is it one hour? … What is it?” Huffaker asked. He also asked when does the state make a decision to abort a lethal injection when there are problems obtaining a vein connection. Robert Anderson, of the Alabama attorney general’s office, said the state prison commissioner and warden are in charge of the decision on when to call off an execution. Huffaker also asked the state prison commissioner to clarify when the state will be ready to use nitrogen hypoxia, an execution method the state has authorized but never used. Huffaker said the state had told him different things at different times, including once suggesting that it could be ready for last month’s execution — a suggestion that turned out to be untrue. “It’s being developed, but we don’t have a protocol at this point,” Alabama Corrections Commissioner John Hamm told the judge. Anderson added that Alabama is attempting to develop the country’s first procedures for execution by nitrogen hypoxia, so it is a complicated endeavor and difficult to estimate a precise time. Smith, 57, is set to be executed by lethal injection at Holman Correctional Facility on Nov. 17 after being convicted in the 1988 murder-for-hire killing of Elizabeth Dorlene Sennett, a 45-year-old grandmother and pastor’s wife. Smith’s attorney, Robert Grass, said Alabama’s lethal injection procedure creates the intolerable “risk of cruel and unusual punishment.” He also said the state has kept much of the process shrouded in secrecy, including the identities and qualifications of the people who connect the IV line to the inmate. Grass is seeking to obtain records from recent executions and to interview execution team members. Alabama is asking the judge to dismiss Smith’s lawsuit, arguing that courts have long upheld the constitutionality of lethal injection. Alabama last month called off the lethal injection of Alan Miller after being unable to access his veins. The state faced a midnight deadline to get the execution underway. Miller said in a court filing that prison staff poked him with needles for over an hour as they tried to find a vein. Miller’s attorneys are fighting the state’s effort to seek a new execution date for him. The July execution of Joe Nathan James Jr. was carried out three hours after the U.S. Supreme Court said the state could proceed. The state acknowledged that establishing the intravenous line took longer than expected. However, Reprieve US Forensic Justice Initiative, a human rights group that opposes the death penalty, has maintained the execution was botched. Witnesses to a private autopsy said that James’ body showed evidence that officials had attempted to perform a “cutdown,” a procedure in which the skin is opened to allow a visual search for a vein. They also speculated that he may have been given a sedative shot. The state said that a “cut down” is not part of their protocol and that James was not sedated. Hamm, speaking under oath during the Thursday hearing, told the judge that during Smith’s execution that the state will not use a “cut down” procedure and will not give any sort of sedative shot. 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.
