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Alabama becomes first state to execute inmate using nitrogen gas: The Morning Rundown, Jan. 26, 2024

Jan 26

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The first nitrogen gas execution in U.S. history is conducted in Alabama. And a grocery chain is recalling packages of cookies after officials say mislabeling led to a woman’s death. These stories and more highlight The Morning Rundown for Friday, Jan. 26, 2024.

Alabama performs first nitrogen gas execution in U.S.

Alabama performed the first execution in the U.S. using nitrogen gas. Inmate Kenneth Smith was put to death using the controversial method on Thursday night, Jan. 25. Earlier in the day, the Supreme Court denied Smith’s last-minute appeal to halt his execution. Smith was convicted and sentenced to death for his role in a murder-for-hire plot in 1988.

The state aborted its first attempt to execute Smith through lethal injection in 2022 after failing to place the IV line. After that, Smith’s lawyers requested nitrogen gas be used in the future as Alabama is one of three states to approve the method.

However, his lawyers then argued against using the gas, contending that because it was an untested method, it would violate his constitutional protection against cruel and unusual punishment. The United Nations also expressed alarm over the method.

The Alabama Attorney’s General Office called it the “most painless and humane method of execution known to man.”

Prison officials said the execution started at 7:53 p.m. local time, with Smith breathing nitrogen gas through a mask. Smith was declared dead at 8:25 p.m. Media witnesses said he appeared conscious for several minutes into the execution. Corrections officials said it appeared Smith was holding his breath as long as he could.

“And then, there’s also information out there, he struggled against his restraints a little bit, but there’s some involuntary movement and some agonal breathing,” said John Hamm, Alabama Department of Corrections Commissioner. “So, that was all expected, and then the side effects that we’ve seen of nitrogen hypoxia. So nothing was out of the ordinary of what we were expecting.”

According to media witnesses, Smith used his last words to say, “Alabama caused humanity to take a step backward.”

One son of Elizabeth Sennet, the woman killed in the murder-for-hire plot, was at the execution and said Smith’s debt has been paid.

CIA director heads to Europe to negotiate Gaza hostage release, cease-fire

More than 100 days into the Israel-Hamas war, pressure on both parties to agree to a cease-fire from world leaders is mounting. CIA Director William Burns is expected to travel to France to meet with Israeli intelligence officials along with Qatari and Egyptian officials in an attempt to broker a deal for the release of the more than 100 hostages still being held by Hamas in Gaza. Among them are said to be six male Americans.

Burns’ trip will mark the fourth round of such negotiations, as he has traveled to Qatar twice in November and Poland once in an effort to get a hostage deal done.

Previous negotiations fell short of a deal, however, with Hamas adamant that hostages would only be released in exchange for an end to the war, the release of Palestinian prisoners, and Israeli troops withdrawing from Gaza. An offer that Israeli Prime Minister Benjamin Netanyahu rejected.

“Hamas is demanding, in exchange for the release of our hostages, the end of the war, the withdrawal of our forces from Gaza, the release of the murderers and rapists of the Nukhba and leaving Hamas in place,” Netanyahu said. “I am not prepared to accept such a mortal blow to the security of Israel; therefore, we will not agree to this.”

In a statement on Jan. 18, marking the 100th day of the war, President Joe Biden made a promise to Americans who have loved ones being held captive in Gaza, saying the U.S. “will never stop working to bring Americans home.”

Trump takes stand in defamation trial, closing arguments set to begin

On Friday, Jan. 26, jurors in New York will hear closing arguments in the defamation trial of former President Donald Trump. The jury of nine will then begin deliberating on how much money, if any, the former president will have to pay magazine columnist E. Jean Carroll in damages after he denied her allegations of sexual abuse.

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Trump briefly took the witness stand in his defense on Thursday, Jan. 25. His testimony lasted less than five minutes. Trump has denied any wrongdoing and claims he has never met Carroll.

Last year, Carroll was awarded $5 million in damages after a jury in a separate trial found Trump liable for battery and defamation. This current case concerns comments made by Trump in 2019 after Carroll first publicly accused him of attacking her. Carroll is seeking at least $10 million in damages this time.

Peter Navarro sentenced to four months in prison for contempt of Congress

Peter Navarro, a one-time adviser to former President Donald Trump, was sentenced to four months in federal prison for contempt of Congress on Thursday, Jan. 26, after defying a subpoena from the Democrat-led House Committee investigating the Jan. 6, 2021 riot at the U.S. Capitol. Navarro had been convicted on two counts of contempt of Congress in September.

The judge told Navarro he was not the victim, despite Navarro calling his conviction politically motivated. Navarro was also fined more than $9,000. Navarro quickly appealed, claiming he didn’t comply with the subpoena because Trump had invoked executive privilege, meaning his conversations with the former president were confidential. Navarro remains out of jail for now – as the judge decides whether he can remain free during the appeal process.

Mislabeled cookies lead to death of New York dancer, lawyers said

A grocery chain is recalling packages of cookies after officials said mislabeling led to the death of a woman in New York who was allergic to peanuts. According to the victim’s attorneys, the 25-year-old woman, originally from the United Kingdom, who moved to New York to pursue a ballet dancing career, died on Jan. 11 from anaphylactic shock resulting from a severe allergic reaction.

The cookies were sold at the grocery chain Stew Leonard’s, which has since issued a recall. Health officials in Connecticut, where the victim purchased the cookies, are warning others with a nut allergy to dispose of them. The CEO of Stew Leonard’s claimed the wholesaler, Cookies Unlimited, did not notify them of the change in the cookie’s recipe. Cookies Unlimited has disputed those allegations.

20-year-old golfing sensation decides to turn pro after PGA Tour win

Earlier this week on The Morning Rundown, we reported on how the 20-year-old amateur golfer Nick Dunlap was deciding on whether or not to go pro following a historic victory. Well, he has announced his decision. Four days after winning the American Express tournament but missing out on the $1.5 million prize due to his amateur status, the University of Alabama sophomore announced he is turning pro.

Because of his win, Dunlap was granted the opportunity to join the PGA Tour through the 2026 season. He called his choice the “easiest, hardest decision” that he’s ever had to make. Dunlap is set to make his professional debut on Feb. 1 at the AT&T Pebble Beach Pro-Am.

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THE FIRST NITROGEN GAS EXECUTION IN U.S. HISTORY IS CONDUCTED IN ALABAMA. AND — A GROCERY CHAIN IS RECALLING PACKAGES OF COOKIES AFTER OFFICIALS SAY MISLABELING LED TO A WOMAN’S DEATH

THE MORNING RUNDOWN STARTS NOW.

TODAY IS FRIDAY, JANUARY 26TH.

THANK YOU FOR JOINING US.

I’M KARAH RUCKER.

ALABAMA HAS PERFORMED THE FIRST EXECUTION IN THE U.S. USING NITROGEN GAS.

INMATE KENNETH SMITH WAS PUT TO DEATH USING THE CONTROVERSIAL METHOD THURSDAY NIGHT.

EARLIER IN THE DAY – THE SUPREME COURT HAD DENIED SMITH’S LAST-MINUTE APPEAL TO HALT HIS EXECUTION.

SMITH WAS CONVICTED AND SENTENCED TO DEATH FOR HIS ROLE IN A MURDER-FOR-HIRE PLOT IN 1988.

THE STATE ABORTED ITS FIRST ATTEMPT TO EXECUTE SMITH THROUGH LETHAL INJECTION IN 2022 AFTER FAILING TO PLACE THE IV LINE.

AFTER THAT — SMITH’S LAWYERS REQUESTED NITROGEN GAS BE USED IN THE FUTURE AS ALABAMA IS ONE OF THREE STATES TO APPROVE THE METHOD.

HOWEVER HIS LAWYERS THEN ARGUED AGAINST USING THE GAS – CONTENDING THAT BECAUSE IT WAS AN UNTESTED METHOD IT WOULD VIOLATE HIS CONSTITUTIONAL PROTECTION AGAINST CRUEL AND UNUSUAL PUNISHMENT.  THE UNITED NATIONS ALSO EXPRESSED ALARM OVER THE METHOD.

ALABAMA ATTORNEY’S GENERAL OFFICE CALLED IT THE “MOST PAINLESS AND HUMANE METHOD OF EXECUTION KNOWN TO MAN.”

PRISON OFFICIALS SAY THE EXECUTION STARTED AT 7:53 P.M. LOCAL TIME WITH SMITH BREATHING NITROGEN GAS THROUGH A MASK.

SMITH WAS DECLARED DEAD AT 8:25 P.M. –

MEDIA WITNESSES SAY HE APPEARED CONSCIOUS FOR SEVERAL MINUTES INTO THE EXECUTION.

CORRECTIONS OFFICIAL SAY IT APPEARED SMITH WAS HOLDING HIS BREATH AS LONG AS HE COULD.

JOHN HAMM | ALABAMA DEPARTMENT OF CORRECTIONS COMMISSIONER: “And then, there’s also information out there, he struggled against his restraints a little bit, but there’s some involuntary movement and some agonal breathing. So, that was all expected. And then the side effects that we’ve seen of nitrogen hypoxia. So nothing was out of the ordinary of what we were expecting.”

ACCORDING TO MEDIA WITNESSES – SMITH USED HIS LAST WORDS TO SAY “ALABAMA CAUSED HUMANITY TO TAKE A STEP BACKWARD.”

ONE SON OF ELIZABETH SENNET, THE WOMAN KILLED IN THE MURDER-FOR-HIRE PLOT, WAS AT THE EXECUTION AND SAID SMITH’S DEBT HAS BEEN PAID.

MORE THAN 100 DAYS INTO THE ISRAEL-HAMAS WAR, AND PRESSURE ON BOTH PARTIES TO AGREE TO A CEASE-FIRE FROM WORLD LEADERS IS MOUNTING.

REPORTS SAY C-I-A DIRECTOR WILLIAM BURNS IS SOON EXPECTED TO TRAVEL TO FRANCE TO MEET WITH ISRAELI INTELLIGENCE OFFICIALS ALONG WITH QATARI AND EGYPTIAN OFFICIALS IN AN ATTEMPT TO BROKER A DEAL FOR THE RELEASE OF THE MORE THAN 100 HOSTAGES STILL BEING HELD BY HAMAS IN GAZA.

AMONG THEM ARE SAID TO BE SIX MALE AMERICANS.

BURNS’ TRIP WILL MARK HIS FOURTH ROUND OF SUCH NEGOTIATIONS AS HE HAS TRAVELED TO QATAR TWICE IN NOVEMBER AND POLAND ONCE IN DECEMBER.

PREVIOUS NEGOTIATIONS HAVE FALLEN SHORT —  WITH HAMAS ADAMANT THAT THE HOSTAGES WILL ONLY BE RELEASED IN EXCHANGE FOR AN END TO THE WAR.

ISRAELI PRIME MINISTER BENJAMIN NETANYAHU REJECTING THE TERMS — RECENTLY SAYING QUOTE “I AM NOT PREPARED TO ACCEPT SUCH A MORTAL BLOW TO THE SECURITY OF ISRAEL.”

TODAY – JURORS IN NEW YORK WILL HEAR CLOSING ARGUMENTS IN THE DEFAMATION TRIAL OF FORMER PRESIDENT DONALD TRUMP.

THE JURY OF NINE WILL THEN BEGIN DELIBERATING ON HOW MUCH MONEY, IF ANY,  THE FORMER PRESIDENT WILL HAVE TO PAY MAGAZINE COLUMNIST E. JEAN CARROLL IN DAMAGES AFTER HE DENIED HER ALLEGATIONS OF SEXUAL ABUSE.

TRUMP BRIEFLY TOOK THE WITNESS STAND IN HIS OWN DEFENSE ON THURSDAY – HIS TESTIMONY LASTING LESS THAN FIVE MINUTES.

TRUMP HAS DENIED ANY WRONGDOING AND CLAIMS HE HAS NEVER MET CARROLL.

LAST YEAR – CARROLL WAS AWARDED FIVE MILLION DOLLARS IN DAMAGES AFTER A JURY IN A SEPARATE TRIAL FOUND TRUMP LIABLE FOR BATTERY AND DEFAMATION.

THIS CURRENT CASE CONCERNS COMMENTS MADE BY TRUMP IN 2019 AFTER CARROLL FIRST PUBLICLY ACCUSED HIM OF ATTACKING HER.

CARROLL IS SEEKING AT LEAST 10 MILLION DOLLARS IN DAMAGES THIS TIME.

PETER NAVARRO – A ONE-TIME ADVISER TO FORMER PRESIDENT DONALD TRUMP – WAS SENTENCED THURSDAY TO FOUR MONTHS IN PRISON FOR CONTEMPT OF CONGRESS

— AFTER DEFYING A SUBPOENA FROM THE DEMOCRAT-LED HOUSE COMMITTEE INVESTIGATING JANUARY 6TH.

NAVARRO HAD BEEN CONVICTED ON TWO COUNTS OF CONTEMPT OF CONGRESS IN SEPTEMBER.

THE JUDGE TELLING HIM HE IS NOT THE VICTIM – DESPITE NAVARRO CALLING HIS CONVICTION POLITICALLY MOTIVATED.

NAVARRO QUICKLY APPEALED  – CLAIMING HE DIDN’T COMPLY WITH THE SUBPOENA BECAUSE TRUMP HAD INVOKED EXECUTIVE PRIVILEGE  — MEANING HIS CONVERSATIONS WITH THE FORMER PRESIDENT WERE CONFIDENTIAL.

NAVARRO IS OUT OF PRISON FOR NOW – AS THE JUDGE DECIDES WHETHER HE CAN REMAIN FREE DURING THE APPEALS PROCESS.

A GROCERY CHAIN IS RECALLING PACKAGES OF COOKIES AFTER OFFICIALS SAY MISLABELING LED TO THE DEATH OF A WOMAN IN NEW YORK WHO WAS ALLERGIC TO PEANUTS.

ACCORDING TO THE VICTIM’S ATTORNEYS – THE 25-YEAR-OLD WOMAN — ORIGINALLY FROM THE UNITED KINGDOM WHO MOVED TO NEW YORK TO PURSUE A BALLET CAREER – DIED ON JANUARY 11TH FROM ANAPHYLACTIC (a·nuh·fuh·lak·tuhk) SHOCK  — RESULTING FROM A SEVERE ALLERGIC REACTION.

THE COOKIES WERE SOLD AT THE GROCERY CHAIN STEW LEONARD’S – WHICH HAS SINCE ISSUED A RECALL.

HEALTH OFFICIALS IN CONNECTICUT – WHERE THE VICTIM PURCHASED THE COOKIES – ARE WARNING OTHERS WITH A NUT ALLERGY TO DISPOSE OF THEM.

THE CEO OF STEW LEONARD’S CLAIMS THE WHOLESALER – COOKIES UNLIMITED — DID NOT NOTIFY THEM OF THE CHANGE IN THE COOKIE’S RECIPE.

COOKIES UNLIMITED HAS DISPUTED THOSE ALLEGATIONS.

FINALLY THIS MORNING – WE HAVE AN UPDATE ABOUT THE FUTURE OF GOLFING SENSATION NICK DUNLAP. EARLIER THIS WEEK ON THE MORNING RUNDOWN – WE REPORTED ON HOW THE 20-YEAR-OLD AMATEUR GOLFER WAS DECIDING ON WHETHER OR NOT TO GO PRO FOLLOWING A HISTORIC VICTORY. WELL, WE NOW KNOW HIS DECISION.

JUST FOUR DAYS AFTER WINNING THE AMERICAN EXPRESS TOURNAMENT BUT MISSING OUT ON THE 1 POINT FIVE MILLION DOLLAR PRIZE DUE TO HIS AMATEUR STATUS – THE UNIVERSITY OF ALABAMA SOPHOMORE ANNOUNCED HE IS TURNING PRO.

BECAUSE OF HIS WIN — DUNLAP WAS GRANTED THE OPPORTUNITY TO JOIN THE PGA TOUR THROUGH THE 2026 SEASON.

HE CALLED HIS CHOICE – THE QUOTE “EASIEST, HARDEST DECISION” THAT HE’S EVER HAD TO MAKE.

DUNLAP IS SET TO MAKE HIS PROFESSIONAL DEBUT FEBRUARY 1ST AT THE AT&T PEBBLE BEACH PRO A-M.

THESE ARE YOUR TOP STORIES FOR THIS FRIDAY.

WE’LL SEE YOU BACK HERE ON MONDAY.

UNTIL THEN I’M KARAH RUCKER. HAVE A GREAT WEEKEND!