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Kenneth Eugene Smith faces first nitrogen execution in US after losing last-minute appeals

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Kenneth Eugene Smith faces execution over a 1988 murder (pic BBC)

An Alabama death row inmate is expected to become the first person in the US to be executed with nitrogen gas, after losing last-minute appeals.

The US Supreme Court and a lower appeals court declined to block what Kenneth Eugene Smith’s lawyers called a “cruel and unusual” punishment.

Opponents say using nitrogen could cause unnecessary suffering, and a leak could harm people present in the room.

Smith, 58, was convicted in 1989 of murdering Elizabeth Sennett.

Alabama has 30 hours to carry out the execution, which involves pumping nitrogen gas through a mask, from Thursday at 0600 GMT (0100 ET).

He told the BBC earlier this week that the wait felt like torture.

Smith would be the first person to be put to death by this method in the US and, according to the Death Penalty Information Center, anywhere in the world.

Lawyers for the inmate, who has been on death row since 1996, told the BBC on Wednesday night that they were lodging another appeal to the nation’s top court in the hope of a last minute reprieve.

Breathing pure nitrogen without oxygen causes the cells to break down and leads to death. Alabama said in a court filing that they expect him to lose consciousness within seconds and die in a matter of minutes. But its use has been denounced by some medical professionals, who warn it could cause a range of catastrophic mishaps, ranging from violent convulsions to survival in a vegetative state.

Alabama and two other US states have approved the use of nitrogen hypoxia as an alternative method of execution because the drugs used in lethal injections have become more difficult to find, contributing to a fall in the number of executions nationally.

Alabama already tried to execute Smith by lethal injection two years ago but were unable to raise a vein before the state’s death warrant expired.

Elizabeth Sennett
Elizabeth Sennett was killed in 1988 (BBC)

Smith was one of two men convicted of murdering 45-year-old Sennett in a $1,000 (£790) killing-for-hire in March 1988. She was beaten with a fireplace implement and stabbed in the chest and neck, and her death was staged to look like a home invasion and burglary.

Her husband Charles Sennett, a debt-ridden preacher, had orchestrated the scheme to collect insurance money. He killed himself as investigators closed in. Smith’s fellow hitman, John Forrest Parker, was executed in 2010.

 

Smith's mugshot at the time
Smith’s mugshot at the time (BBC)

At his trial Smith admitted to being present when the victim was killed, but said he did not take part in the attack.

The UN’s High Commissioner for Human Rights has said gassing Smith could amount to torture or other cruel, inhuman or degrading treatment, and called for a halt. Smith’s lawyers lodged a challenge with the Supreme Court, arguing that putting convicts through multiple execution attempts violates the Eighth Amendment of the US Constitution, which protects against “cruel and unusual” punishment.

On Wednesday, the justices declined to hear the appeal and denied his request to halt the execution. No justice publicly dissented from the ruling.

Smith also made a separate legal challenge to the lower 11th US Circuit Court of Appeals, where he contested the legality of Alabama’s nitrogen gas protocol. But that court also rejected the inmate’s request for an injunction in a ruling on Wednesday evening.

Smith’s lawyers said they would again appeal to the Supreme Court.

Graphic showing rise and fall of death penalty

His legal team argue the nitrogen gas method is “recently released and untested”, leaving him at risk of choking on his own vomit.

State Attorney General Steve Marshall previously called it “perhaps the most humane method of execution ever devised”.

Smith’s spiritual adviser, Reverend Jeff Hood, will be present in the room when the execution happens. He told the BBC he believes he will be in danger if the nitrogen leaks.

On Wednesday, prison officials escorted Rev Hood for a “walk-through” of the execution chamber, as required by Alabama’s execution protocol.

He told the BBC afterwards that he saw oxygen-level meters unplugged on a ledge inside the room, which he described as “unbelievably disturbing, it feels like you are at the centre of evil”.

“I asked ‘what’s the safety plan?’ and they said they didn’t want to get into it, they couldn’t get into it,” he said. “Once again we’re back at this place of having to rely on these people who have botched three executions in the last few years, he said. “It’s absolutely a terrifying thing to think that your life hangs in the balance with these guys”.

Rev Hood said he had requested that Alabama’s Governor Kay Ivey be present in the chamber during the execution to demonstrate her confidence in its safety, but had not received a response. “We have somebody who is championing this type of execution in the governor and yet she is unwilling to get her hands dirty,” he said.

The BBC has approached Ms Ivey’s office for comment regarding this and the latest accusations over safety.

Alabama has one of the highest per capita execution rates in the US and has 165 people currently on death row.

Since 2018, the state has been responsible for three botched attempts at lethal injection in which the condemned inmates survived.

The failures led to an internal review that largely placed blame on the prisoners themselves.

(BBC)



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Foreign News

Tennessee execution called off after failed lethal injection

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The execution of a Tennessee death row inmate has been postponed after staff were unable to find a vein to administer a lethal drug.

Tony Carruthers, convicted of kidnapping and murdering three people in 1994, was set to be executed on Thursday.

But the state’s Department of Corrections said that while its medical team did find a primary IV line to carry out the lethal injection, they could not find a suitable second vein to establish a backup line, which is required under lethal injection execution protocol.

In response, Tennessee Governor Bill Lee said he would grant Carruthers a temporary reprieve from execution for one year.

After finding the primary injection line, “the team continued to follow the protocol, but could not find another suitable vein”, the corrections department said in a statement.

“The team attempted to insert a central line pursuant to the protocol, but the procedure was unsuccessful,” the statement continued. “The execution was then called off.”

Carruthers was convicted in 1996 for the kid­nap­ping and mur­ders of Marcellos Anderson, his mother Delois Anderson, and Frederick Tucker.

The men were beaten and shot and the three were buried alive in a Memphis cemetery.

Carruthers’ case has drawn national attention as advocates like the American Civil Liberties Union (ACLU) have argued there were significant problems with his trial, including that he was forced to represent himself.

Carruthers himself has consistently maintained his innocence.

“His trial was riddled with errors. He was denied legal counsel. There was no physical evidence linked to him,” the ACLU said in a press release demanding the “wrongful execution” of Carruthers be called off.

“The evidence against him that was presented at trial came from informants who have since recanted their statements or been discredited,” the ACLU continued.

The nonprofit group also collected more than 130,000 signatures calling for the execution to be halted to allow for “necessary fingerprint and DNA testing”.

Advocates and community groups delivered that petition to the governor’s office at the Tennessee capitol on Monday, but Gov Lee announced the following day that Carruthers’ execution would go forward as planned.

Last week, Kim Kardashian took up Carruthers’ cause, urging her fans in a social media post to call the governor’s office and demand the DNA evidence be tested “before it’s too late”, according to US media.

In a petition for clemency filed on Wednesday, attorneys for Carruthers argued that his current mental state – resulting from Schizoaffective Disorder, Bipolar Type, and brain damage – is too impaired for him to be executed.

“These disorders manifest in current symptoms of unending, synergistic, and complex delusions that thwart a rational understanding of his imminent execution,” his lawyers argued.

In response to the news of the temporary reprieve, Maria DeLiberato, senior counsel at the ACLU’s Capital Punishment Project, said the ACLU will continue fighting on Carruthers’ behalf.

“Tennessee cannot continue torturing a man while refusing to answer serious questions about his innocence,” DeLiberato said.

[BBC]

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French court finds Airbus, Air France guilty of manslaughter in 2009 crash

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Teddy Robert, [left], brother of flight co-pilot, and Daniele Lamy, president of victims' families association Entraide et Solidarite AF447, await the trial verdict, May 21, 2026 [Aljazeera]

A French appeals court has found Airbus and Air France guilty of manslaughter in 2009 Rio de Janeiro – Paris crash that killed 228 people – the worst aviation disaster in the country’s history.

The Paris Court of Appeal ruled on Thursday that both companies were “solely and entirely responsible for the crash of flight AF447”, and ordered a payment of 225,000 euros ($261,720) for each passenger, the maximum fine possible for corporate manslaughter.

Although the penalties are largely symbolic, they capped an eight-week trial that victims’ families saw as a last chance to find justice two years after a lower court acquited Airbus and Air France.

Both companies have repeatedly denied all charges.

Following the ruling, Airbus said it would appeal to France’s highest court, saying the latest finding contradicted submissions from prosecutors and the 2023 acquittal.

Prosecutors previously warned that an appeal was likely and denounced the companies’ behaviour throughout the decade-plus legal process.

“Nothing has come of it – not a single word of sincere comfort,” said prosecutor Rodolphe Juy-Birmann as the trial was under way last November. “One word sums up this whole circus: indecency.”

Airbus Paris-RIo flight accident
Divers recover the tail section from the Air France A330 that crashed into the south Atlantic while flying from Rio de Janeiro to Paris on June 1, 2009 [File: Aljazeera]

The crash unfolded on June 1, 2009, when flight AF447 disappeared from radar screens as it headed from Rio de Janeiro in Brazil to the French capital Paris with 216 passengers and 12 crew.

Two years passed before a deep-sea search uncovered the plane’s black boxes, which record flight data.

Investigators found the pilots had pushed the jet into a climb as it struggled with sensors blocked with ice during a mid-Atlantic storm. The plane stalled and crashed into the ocean.

While Airbus and Air France have blamed pilot error, the lawyers for passengers’ families argued that both companies knew that there was a problem with the plane’s pitot tubes, which measure flight speed.

Pilots were not trained to deal with such an emergency as the tubes malfunctioned, prosecutors said, triggering alarms in the cockpit and turning off the plane’s autopilot function.

Air France lawyer Pascal Weil said in October that the company “had the means to conduct high-altitude training, but we did not do so because we sincerely believed it was unnecessary”.

[Aljazeera]

 

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US charges Cuba’s Raúl Castro with murder over 1996 downing of two planes

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(Pic BBC)

The US has charged former Cuban leader Raúl Castro with conspiracy to kill US nationals and other crimes over the 1996 downing of two planes between Cuba and Florida.

The case unveiled on Wednesday accuses Castro and five others in the shooting down of the aircraft belonging to Cuban-American group Brothers to the Rescue and killing four people, including three Americans.

Castro, now 94, was then head of the country’s armed forces and faced international condemnation over the crash.

As the US seeks to exert increasing pressure on Cuba’s communist rule, President Miguel Díaz-Canel called the charges “a political manoeuvre, devoid of any legal foundation”.

Speaking at Freedom Tower in Miami, Acting Attorney General Todd Blanche announced that the US would also charge Castro with destruction of aircraft, and four individual counts of murder over the deaths of Armando Alejandre Jr, Carlos Alberto Costa, Mario Manuel de la Peña, and Pablo Morales.

“The United States, and President Trump, does not, and will not, forget its citizens,” Blanche said.

The charges must be argued in a US court, with some carrying the possibility life terms. The murder charges each carry a maximum penalty of death or life imprisonment.

The justice department’s new charges take aim at a key figurehead of Cuba’s communist leadership when it is facing intense US pressure to make significant political and economic reforms to its one-party rule there.

“I think the strategy is to increase the pressure gradually to the point where the Cuban government will give in and surrender at the bargaining table,” said Wiliam LeoGrand, a expert on Latin American politics at American University.

The US has issued sanctions on the country and imposed a blockade on oil to Cuba that has resulted in blackouts and food shortages.

Earlier on Wednesday, US Secretary of State Marco Rubio issued a message to the Cuban people timed to the country’s independence day.

“President Trump is offering a new path between the US and a new Cuba,” Rubio said.

Rubio told citizens of the island that a Cuban military run conglomerate known as GAESA is primarily responsible for the blackouts and food shortages that the country continues to endure.

GAESA owns or operates most of the lucrative parts of the Cuban economy from the ports to the petrol pumps to five-star hotels.

In response to Rubio’s message, Díaz-Canel accused the US of lying and imposing a collective punishment on the Cuban people.

Getty Images James Uthmeier, Madeline Pumariega, Todd Blanche, Jason Reding Quiñones, Senator Ashley Moody, and Christopher Raia, all in suits, stand shoulder to shoulder before a podium on a stage. A crowd is gathered before them. Acting US Attorney General Todd Blanche announced the charges in Miami. (BBC)

Díaz-Canel also said that the indictment of Castro was being used to “justify the folly of a military aggression against Cuba” and accused the US of distorting the facts around the downing of the plane.

He claimed that Cuba acted in “legitimate self-defence within its jurisdictional waters”.

Asked by reporters about the prospects of bringing Castro to the US to face charges, Blanche responded that there was a warrant for his arrest.

He did not confirm whether the US would try to capture Castro, but said, “we expect he will show up here, by his own will or another way”.

American University’s LeoGrande said he believes the US is ready to capture the former Cuban leader “if the Cubans don’t surrender at the bargaining table”.

In January, the US staged a military operation to seize former Venezuelan President Nicolás Maduro and bring him to the US, after the justice department indicted him.

It transformed Venezuela’s relationship with Washington, something LeoGrande cautioned would be unlikely to have the same effect in Cuba, noting Castro retired almost a decade ago.

Nearly 95 years old, Castro, the brother of late Cuban leader Fidel Castro, remains an influential figure, acknowledged on the island as the surviving “leader of the Cuban Revolution”.

He has relinquished his active government and party roles, but during his 2008-2018 presidency, he and former US president Barack Obama presided over a short-lived thaw in Washington-Havana relations.

Blanche said he would “not compare cases” between Castro’s and that of Maduro.

President Donald Trump was asked about the political aspect of Wednesday’s indictment.

“A lot of those people are related to me in the sense that I’ve had such a great relationship with Cuban-Americans,” Trump said. “On a humanitarian basis, we’re here to help.”

While Castro is not expected to be extradited or to appear in the case, all options appear to be on the table, says attorney Lindsey Lazopoulos Friedman, who served as a prosecutor in the US attorney’s office in Miami.

“If he did appear in the case, he would be afforded the same legal rights as any other defendant,” Friedman said, adding that would ultimately include a trial by jury.

“No one expects that the case will follow this typical path… but the indictment is compelling and is supported by significant evidence,” she told the BBC.

Cuba unlikely to bow without a fight

Getty Images Raúl Castro and Fidel Castro are seen in military uniforms and glasses in Havana, Cuba in December 1996
Raúl Castro and his brother, Cuban revolutionary leader Fidel Castro, are seen in Havana, Cuba in December 1996 (BBC)

The Miami centre where US officials announced the indictment of Raúl Castro was full of Cuban Americans, mostly representing Cuban exile organisations that have for decades led opposition of the Cuban government from within the United States.

Surrounded by pictures of the four people who died in the 1996 crashes, many at the Miami event described being thrilled by the news.

“It was time, 67 years of that murderous regime,” said Isela Fiterre. “Raúl Castro did not merely kill four individuals. Over the course of many years, he has killed countless people,” Fiterre said.

She said it is never too late for justice and that she is grateful to the Trump administration for taking this step.

Another attendee, Mercedes Puid-Soto, echoed those sentiments.

“I feel very happy. Justice has been served,” she said. “It’s very important that the families can close that chapter, and we Cubans too.”

Still looming over Blanche’s announcement was the answer to “whether the Trump administration will use this indictment in a similar way that it used the indictment against Maduro, as a justification to carry out a military operation under the cover of a law enforcement action,” said Roxanna Vigil, an international affairs fellow at the Council on Foreign Relations.

“It’s unlikely that the Cuban regime will surrender to the United States without a fight,” Vigil noted. “And any move that includes working with the Cuban regime would be very difficult for the Cuban diaspora in the United States to accept.”

US and Cuban representatives, including Raúl Castro’s grandson Raúl Guillermo Rodriguez Castro, have held “conversations” in recent months, but US charges against the former president are unlikely to smooth these contacts.

On the contrary, the Cuban side showed signs of further entrenching into its “no surrender, no concessions” position against US pressure, with Cuban state media outlets blasting what they called the “false accusations”.

(BBC)

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