Death Row minister says he had to acknowledge he may die in nitrogen mishap

Death Row minister says he had to acknowledge he may die in nitrogen mishap

A minister to Alabama Death Row inmates said he had to sign a form acknowledging that he could die in an accident involving nitrogen when the state is scheduled to administer a novel execution method next month.

The Rev. Jeff Hood, the spiritual adviser for Kenneth Smith, said he could not counsel Smith in the inmate’s last moments unless he signed a form acknowledging the risks associated with nitrogen — the gas Alabama will use for the first time when it executes Smith on Jan. 26, barring legal or other developments.

Among the risks listed in the acknowledgment form, obtained by NPR and published in a story the outlet posted Tuesday, is the “highly unlikely event” that the hose supplying nitrogen to a mask to be worn by Smith detaches, “creating a small area of risk [approximately two (2) feet] from the outflow. Additionally, overpressure could result in a small area of nitrogen gas that displaces the oxygen in the area around the condemned inmate’s face and/or head.”

Because of the risks, according to the form, Hood will have to stay at least three feet away from Smith’s mask, which the minister said will prevent him from anointing Smith with oil and administering the inmate’s last rites.

Hood told NPR that infringes on his religious rights.

“If we can’t guarantee Kenny’s rights, then certainly nobody else’s rights can be guaranteed,” Hood told NPR. “How far will the state of Alabama go to curtail the religious rights of Alabamians?”

Health experts told NPR that because nitrogen is colorless and odorless, it may be difficult to discern a safe distance to be away from the gas and the state may put others besides Smith at risk.

Despite calling Alabama “the most ill-prepared, unprofessional execution squad” in the country, Hood said he signed the acknowledgment form last month. He said it was important that his five young children were aware what their father was standing for.

The Alabama Department of Corrections did not respond to NPR’s request for comment on the form.