News from the South - Arkansas News Feed
Using nitrogen gas in executions will further delay Arkansas death penalty
Using nitrogen gas in executions will further delay Arkansas death penalty
by Rich Shumate, Columnist, Arkansas Advocate
March 10, 2025
When it comes to administering the death penalty, perhaps the most intractable difficulty is that it’s just really, really difficult to kill someone in a way that isn’t cruel or unusual or messy or doesn’t make us unduly squeamish.
Taking someone who is alive and making them dead requires some level of violence — injecting a fatal dose of chemicals, zapping them with electricity, shooting them, breaking their neck with a rope — that raises profound moral and constitutional issues. And state legislators, including here in Arkansas, are finding new and creative ways to tinker with the machinery of death, as they try to overcome hurdles slowing the pace of executions.
Rep. Jeff Wardlaw, R-Hermitage, and Sen. Blake Johnson, R-Corning, have proposed a bill to allow the Division of Correction to use nitrogen gas as a method of execution, in addition to the current method of lethal injection. The bill has passed the House and will likely clear the Senate, given that 20 of the 35 senators are co-sponsors.
When Wardlaw defended his bill in committee, he said the idea sprang from a conversation with family members of victims of last year’s mass shooting in Fordyce about possible changes to the state’s death penalty laws. Attorney General Tim Griffin’s staff floated the idea of nitrogen executions during those discussions, he said.
A firing squad would be far less painful and far less horrific than a nitrogen execution.
– Rev. Jeff Hood, North Little Rock priest who witnessed an Alabama execution
Only one jurisdiction in the United States has ever used nitrogen gas for executions, the state of Alabama, which has killed four men with this method. And here’s what nitrogen gas executions there look like: The prisoner is strapped to a gurney, a mask similar to a fireman’s mask is placed over his face, and he is then suffocated with nitrogen, a colorless, odorless gas that isn’t toxic but kills by replacing oxygen in the lungs as the prisoner breathes it in.
Officials in Alabama have insisted that executions with nitrogen gas are painless and result in rapid unconsciousness. Wardlaw called it “a very quick, humane death.” But the Rev. Jeff Hood, an Old Catholic priest from North Little Rock — who witnessed Alabama’s first nitrogen execution last year of Kenny Smith — said what he saw was neither quick nor painless and amounted to torture.
“This is like strapping people to the top of a rocket and saying, ‘We don’t know where you’re going, but we’re going to light the fuse,” said Hood, whose ministry includes working as a spiritual adviser to Smith and other death row inmates.
Hood said he watched Smith struggle from the moment nitrogen was introduced into the mask, as his body began reacting to the loss of oxygen. Smith convulsed, strained so hard against the straps keeping him on the gurney that it shook, and pushed his face against the mask, which filled up with fluid as he struggled for air. It took 22 minutes before prison officials closed the curtains to indicate that Smith was dead.
Before the execution, prison officials placed oxygen monitors in and around the death chamber and required Hood to sign a liability waiver in case he was harmed by a nitrogen leak, which he said amounted to “the state admitting that there’s a danger to the people in the chamber.”
Having witnessed eight other executions using lethal injection, Hood said Smith’s execution with nitrogen “was by far the worst that I’ve ever seen” — so much so that he says he’d counsel inmates facing execution to select any other method if they are given an option.
“A firing squad would be far less painful and far less horrific than a nitrogen execution,” Hood said.
Hood is an anti-death penalty activist, and, as such, his views were treated with some indifference when he testified against Wardlaw’s bill at the Capitol. However, media reports of Alabama’s executions also describe prisoners struggling as they were being suffocated. And, of course, the problem with judging whether a new method of death is truly quick and painless is that the only people who can accurately describe the experience are dead.
The introduction of nitrogen gas as a method of execution comes as the death penalty has become something of a dead letter in Arkansas, primarily because the state is having trouble acquiring the drugs used in its lethal injection protocol as drug companies balk at getting involved.
Death sentences are becoming rarer (the 25 men on Arkansas’ death row have all been there since at least 2018), and the state has executed just four men since 2005.
All of those executions took place in an eight-day period in April 2017 as Gov. Asa Hutchinson and corrections officials raced to complete eight scheduled executions before the state’s supply of one of the lethal injection drugs expired — a gruesome spectacle that drew international condemnation.
Presumably, Arkansas would only proceed with a nitrogen gas execution as an alternative method if lethal injection continues to be unavailable. However, Wardlaw and Johnson’s bill leaves the choice of execution method entirely to the discretion of the director of the Division of Correction.
The bill doesn’t address the quality or concentration of the nitrogen or whether it should be administered with a mask or in a gas chamber, letting corrections officials develop a protocol for carrying out nitrogen gas executions with no guidance for how that should be done or the parameters of the protocol.
Critics of the bill believe those provisions run afoul of a 2012 Arkansas Supreme Court decision, Hobbs vs. Jones, that struck down the state’s death penalty statute because it gave the Department of Corrections too much discretion in what drugs would be used in lethal injections, without sufficient legislative guidance.
A statute that provides “absolute, unregulated and undefined discretion in an administrative agency bestows arbitrary powers and is an unlawful delegation of legislative powers,” the court majority said.
The irony here is that should the state ever try to execute an inmate with nitrogen, it will trigger a lengthy legal battle up and down both federal and state courts, which will indefinitely delay executions that the nitrogen option was supposed to jump start.
In addition, the three largest U.S. manufacturers of nitrogen gas have responded to states adopting nitrogen as an execution method by prohibiting their products from being used.
And that is the conundrum at the heart of the public policy debate over capital punishment — Arkansas and other death penalty states are tangling themselves in more and more legal, ethical and practical knots as they try to rescue a policy that remains politically popular but has become increasingly unworkable.
Given the legal challenges and the unavailability of drugs, there’s a decent chance that none of the 25 men on death row in Arkansas — some of whom have been there since the 1990s — will ever face execution, by either lethal injection or nitrogen gas.
The rational choice would be to accept that fact, move on, and stop pouring resources into defending an untenable policy. The irrational choice would be adopting a new, experimental method of execution, triggering a whole new batch of legal challenges, and pretending that we’ve figured out a way to kill people that’s less violent than the methods already in use.
Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.
The post Using nitrogen gas in executions will further delay Arkansas death penalty appeared first on arkansasadvocate.com
News from the South - Arkansas News Feed
Protestors gather in Little Rock to voice disapproval with Trump administration
SUMMARY: Hundreds gathered in downtown Little Rock to express their dissatisfaction with the Trump administration and local leaders. Organized by Courtney Maxwell, the protest aimed to raise awareness on issues like women’s rights and government programs such as Medicaid and Social Security. Protesters voiced frustration over their representatives’ lack of responsiveness and demanded town halls, emphasizing the need for legislative accountability. A notable speaker, Chris Jones, encouraged attendees to engage with their local and federal representatives. The event also featured an organizing fair at the River Market, aiming to inspire political involvement and community solidarity. Lawmakers have yet to respond to inquiries.

Hundreds gathered in Little Rock to voice their feelings about the Trump administration.
News from the South - Arkansas News Feed
Arkansas's top news stories | March 7, 2025
SUMMARY: On March 7, 2025, Arkansas news includes various updates such as impending daylight saving time, weather forecasts, educational initiatives, and trade matters. Meteorologist Nathan Scott predicts rain and clouds, with temperatures in the low 70s today. UA Little Rock introduces a $1.6 million grant for a paid teacher residency program to support aspiring educators. In legal news, a Lone Oak father involved in a controversial murder case seeks to lift a gag order. Additionally, President Trump pauses tariffs on imports from Mexico and Canada, while concerns over rising energy costs continue in the Clinton Community.

Jurnee Taylor delivers your top news stories including the latest on Daylight Saving Time in Arkansas.
News from the South - Arkansas News Feed
Discussion with bill sponsor ‘saved’ Arkansas PBS governing board from dissolution, chairman says
Discussion with bill sponsor ‘saved’ Arkansas PBS governing board from dissolution, chairman says
by Tess Vrbin, Arkansas Advocate
March 7, 2025
A proposal to eliminate the governing board that oversees educational public television programs in Arkansas is not likely to advance further in the Legislature, the board chairman said Thursday.
The Arkansas Educational Television Commission oversees Arkansas PBS programs and finances and acts independently of the Arkansas Department of Education despite operating under its umbrella. Senate Bill 184, which passed the Senate in February, would abolish the commission and transfer its powers and authorities to the education department.
At the commission’s quarterly meeting Thursday, Chairman West Doss said he came to “an understanding” with SB 184’s sponsor, Republican Sen. Dan Sullivan of Jonesboro, earlier that morning.
“I’m passionate about education, I’m passionate about what this commission has done, and I will fight for it every minute of the day, so that’s what we were doing,” Doss said. “Maybe we didn’t have all the I’s dotted and the T’s crossed, but we have saved the commission now. We’ve saved the work that we are doing.”
Sullivan has been a vocal critic of Arkansas PBS, particularly since its regularly scheduled 2022 audit indicated that administrators might have sidestepped state laws related to contract bidding, and a specially requested audit that concluded last year led auditors to forward the findings to a prosecuting attorney.
Arkansas PBS CEO Courtney Pledger told lawmakers in September that the agency had learned from its “mistakes and errors,” but Sullivan told the Senate the commission should have taken action in response to the audit findings.
Twenty-three Republican senators voted to approve SB 184 on Feb. 17, but the House Committee on State Agencies and Governmental Affairs has yet to take up the bill for discussion.
Committee chairman Rep. Jimmy Gazaway, R-Paragould, told the Advocate Wednesday that Sullivan anticipated an amendment to the bill and had requested it not to be heard yet. Bills are considered deferred in a committee if they are not heard for three meetings in a row, and sponsors must give two days’ notice to remove a bill from the deferred list.
Discussion
Arkansas PBS could lose both federal and private funding, limiting its ability to provide public programming, if its governance is no longer independent of the state’s executive branch, Pledger and other opponents of SB 184 have said.
The dissolution of the commission would also cause “far-reaching legal and practical problems” for Arkansas PBS and the state itself, according to a Feb. 27 letter to the agency from a Washington, D.C. law firm that specializes in telecommunications law. The Advocate received the letter via the Arkansas Freedom of Information Act.
“If the Arkansas Secretary of Education (or any other elected official or individual appointed to serve at the pleasure of an elected official) has the power directly to control the broadcast stations, there would be little question that the Secretary was directly involved in the state’s political and administrative process,” wrote Margaret Miller of Gray Miller Persh. “He would in fact be a political officer of the state.”
Miller also said the Federal Communications Commission might require every new Arkansas education secretary in the future to go through “the whole expensive and time-consuming transfer process” of obtaining Arkansas PBS’ FCC license.
The Arkansas Democrat-Gazette first reported on the letter Feb. 28.
In response to questions Thursday from commissioner Gary Newton, Doss said he directed Pledger to seek the expert legal opinion on short notice because the commission and the agency were “facing extinction.”
“If we put [Arkansas PBS] under a political entity, such as the head of the Department of Education, appointed by the governor… they are political animals, and Arkansas PBS becomes a propaganda arm for whoever is in power, whether it’s the Republicans or it’s the Democrats or it’s the Green Party or whoever, and that’s the reason we’re an independent commission,” Doss said.
Gov. Sarah Huckabee Sanders appointed Sullivan’s wife, Maria Sullivan, and Newton to the Arkansas Educational Television Commission last year.
Newton said he disapproved of Doss apparently speaking for the whole commission in his discussion with Sullivan about SB 184. He also said he was “disappointed” to learn about the letter from a news outlet instead of from Arkansas PBS leadership.
“For that subject to not be on the agenda, it feels like it’s being kept from the very commissioners whose role on this commission is at stake with the passage of SB 184,” Newton said.
Doss continued to defend his and Pledger’s request for the opinion and said his discussion with Sullivan “avoided a potential tragedy.”
“As far as I’m concerned, and [as far as] I think Sen. Sullivan’s concerned, it’s over right now,” said Doss, who could not be reached for further comment Thursday after the meeting.
Sullivan refused to answer questions from the Advocate about his conversation with Doss. He said the Advocate “rarely prints anything as accurately” as he would prefer.
SB 184 would also abolish the Arkansas State Library Board, which oversees public libraries and disburses state funds to them on a quarterly basis. Sullivan has been critical of the State Library Board and its relationship with the American Library Association, a nonprofit trade organization that advocates for public libraries and helps them secure grant funding.
The commission later adopted a motion by Newton directing Pledger and her staff to work with the education department to make PBS’ “rich library” of professional development videos available to homeschoolers and private school teachers as well as public and charter school educators.
Commissioners also adopted several motions from Newton directing PBS executives and staff to work with the education department to explore the potential development of broadcast quality videos highlighting high-wage Arkansas industries and job availabilities and videos based on the “science of reading” to help young learners and those struggling with literacy.
Another Newton motion directed PBS staff to develop an evaluation tool for assessing whether the network’s programming meets AETN’s mission as described in law, whether it or something comparable is available on the commercial market, “how educational is it,” and “how Arkansas is it.” Commissioners also approved it.
“The overall goal [of the flurry of motions] is to try to demonstrate relevance … and that we as a commission are doing our jobs,” Newton said.
Arkansas Advocate Editor Sonny Albarado contributed to this story.
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Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.
The post Discussion with bill sponsor ‘saved’ Arkansas PBS governing board from dissolution, chairman says appeared first on arkansasadvocate.com
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