Alabama Attorney General files motion to set execution date for capital murder convict

MONTGOMERY, Ala. (WAFF) - Attorney General Steve Marshall has filed a motion with the Alabama Supreme Court seeking an execution date for Kenneth Eugene Smith by nitrogen hypoxia.

Smith was convicted of capital murder by a jury in 1989 and again in 1996 and was sentenced to death. He was previously scheduled to be executed on November 17, 2022 but the execution was botched. It was the third botched execution in the state of Alabama.

Following Smith’s botched execution, Governor Kay Ivey called for a review of the Alabama Department of Correction’s execution process. After three months, Gov. Ivey lifted the execution moratorium.

Marshall filed the motion to set a date nearly nine months after Smith was originally set to be executed.

“It is a travesty that Kenneth Smith has been able to avoid his death sentence for nearly 35 years after being convicted of the heinous murder-for-hire slaying of an innocent woman, Elizabeth Sennett,” said Marshall.

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