Lawyers for the first inmate scheduled to be put to death with nitrogen gas argued in Monday court filings that Alabama is seeking to make him the “test case” for an experimental execution method and asked a federal judge to the block the January execution.
Attorneys for Kenneth Eugene Smith, 58, filed an amended lawsuit challenging the proposed new execution method as a potential violation of the Constitution's ban on cruel and unusual punishment. They asked a federal judge to issue a preliminary injunction to block the execution from going forward next year.
