Jeff Hood Safety Demand Letter (Execution of Kenneth Smith)

LAW OFFICE OF GREGORY W GARDNER, PLLC

_______________________________________________

GREGORY W GARDNER

P.O. Box 2366
Boulder, Colorado 80306

gardnerlegal@gmail.com

January 15, 2024

Sent Via Electronic Mail & U.S. Postal Service

John Q. Hamm
Commissioner
Alabama Department of Corrections
301 South Ripley Street (Physical Address)
P.O. Box 301501 (Mailing Address)
Montgomery, Alabama 36130-1501
Electronic Mail Care of General Counsel Mary-Coleman Roberts:
marycoleman.roberts@doc.alabama.gov

Terry Raybon
Warden
Holman Correctional Facility
866 Ross Road (Physical Location)
Holman 3700 (Mailing Address)
Atmore, Alabama 36503-3700
terry.raybon@doc.alabama.gov

RE: Dr. Jeff Hood’s Demands Surrounding Kenneth Eugene Smith’s January
25 Execution

Gentlemen:

I am writing to make demands on behalf of the Rev. Dr. Jeff Hood, Mr. Kenneth
Eugene Smith’s spiritual advisor, related to Mr. Smith’s upcoming January 25 execution
by nitrogen hypoxia. Nitrogen hypoxia is a novel execution method. Use of this deadly
gas, unlike lethal injection, poses a high risk of exposure to all bystanders. As such, its
use requires special safeguards to protect all bystanders and observers, including Dr.
Hood.

At a minimum, Dr. Hood demands the following preparations:
• The presence of operational oxygen monitoring meters in the execution chamber;
• The presence of a Correctional Facility employee in the execution chamber
trained in maintaining the meters and interpreting the meter readings;

• Training Dr. Hood how to ascertain if the oxygen monitor meters are activated;
• Training Dr. Hood on how to determine if he is experiencing symptoms of
nitrogen exposure;
• Training Dr. Hood regarding the quickest and safest exit route from the execution
chamber;
• Having oxygen supply sources available so that they can be quickly reached;
• Training Dr. Hood on how to quickly reach these oxygen supply sources;
• Granting Dr. Hood permission to place a telephone call to his attorney (the
undersigned attorney Gregory W. Gardner);
• Securing the presence of independent paramedics directly outside the execution
chamber; and
• Securing the presence of independent ambulances at the closest possible exit to
the execution chamber.

In addition to these safeguards, Dr. Hood demands that you preserve all evidence
involving Mr. Smith’s execution. This evidence includes physical evidence, multimedia
evidence, statements of participants, readings of instruments, other documents, and any
other evidence.

Given the time restraints of Mr. Smith’s January 25 execution date, kindly send all
correspondence to my email address: gardnerlegal@gmail.com.

Sincerely,
/s Gregory W. Gardner