Nitrogen executions backed by Ohio’s AG
COLUMBUS, Ohio — Ohio’s Republican attorney general put his weight behind a legislative effort Tuesday to bring nitrogen gas executions to the state, joining what could be a national movement in prodeath penalty states to expand capital punishment on the heels of Alabama’s first use of the method last week.
Three states — Alabama, Mississippi and Oklahoma — have already authorized nitrogen hypoxia as an execution method, and many more are looking for new ways to execute people because the drugs used in lethal injections have become difficult to find.
Attorney General Dave Yost said adding nitrogen gas as an execution alternative in Ohio could end an unofficial death penalty moratorium that Republican Gov. Mike DeWine declared in 2020. The governor said at the time that lethal injection was “no longer an option” for Ohio because of difficulties finding drugs and repercussions the state could face from drugmakers if one of their pharmaceuticals was used in an execution.
“Saying that the law of Ohio should be thwarted because pharmaceutical companies don’t want to sell the chemicals is an abdication of the sovereignty of the state of Ohio, which still has this law on the books,” Yost said.
He was joined at a Tuesday news conference by Republican state Reps. Brian Stewart and Phil Plummer, who introduced a bill Tuesday to add the new method. Alabama used it for the first time Thursday, when convicted murderer Kenneth Eugene Smith, 58, was put to death with nitrogen gas administered through a face mask to deprive him of oxygen.
The execution took about 22 minutes from the time between the opening and closing of curtains to the viewing room. Smith seemed to remain conscious for several minutes. For at least two minutes, he appeared to shake and writhe on the gurney, sometimes pulling against the restraints.
State officials in Alabama said the process was humane and effective, while critics called it cruel and experimental.
The Ohio bill would give condemned inmates a choice between lethal injection and nitrogen gas but would require their executions to go forward with nitrogen gas if lethal injection drugs are not available, Stewart said. Oklahoma Gov. Kevin Stitt on Tuesday endorsed the idea of using nitrogen gas only in cases when lethal injection is unavailable.
Yost said nitrogen gas is abundant and would be easy for the state to procure from the private sector. At least one private company, industrial gas distributor Airgas, has announced its opposition to supplying nitrogen for executions.
Yost, a former prosecutor and potential 2026 gubernatorial contender, said he is not concerned that the method has been used only once and that Smith appeared to struggle for several minutes as he died.
“It’s important to recognize that Europe is already using this for assisted suicide,” he said.
While a 3-D printed pod that employs nitrogen gas, the Sarco capsule, has been privately used for that purpose in Switzerland, the device has not been approved for use by any Swiss agencies. The European Union and the United Nations’ human rights office expressed regret over the Alabama execution on Friday.
Plummer, a former county sheriff, said lengthy delays are defeating part of the purpose of Ohio’s death penalty law: “We need some closure for the victims in cases like these ones.”
Ohio’s last execution was on July 18, 2018, when Robert Van Hook was put to death by lethal injection for killing a man he met in a Cincinnati bar in 1985. His was the 56th execution since 1999.