Alabama given go-ahead to execute man via untested nitrogen gas procedure

Ruling clears way for Kenneth Smith, convicted of 1988 murder, to be put to death via method his lawyers say is cruel and unusual

Alabama will be allowed to put a prisoner to death with nitrogen gas later this month, a federal judge ruled on Wednesday, clearing the way for what would be the nation's first execution under a new method the inmate's lawyers criticize as cruel and experimental.

The US district judge Austin Huffaker rejected Kenneth Smith's request for an injunction to stop his scheduled 25 January execution by nitrogen hypoxia. Smith's attorneys have said the state is trying to make him the test subject" for an untried execution method, and are expected to appeal the decision.