Podcast Summary: Revisionist History – The Alabama Murders, Part 5: "Cruel and Unusual"

Host: Malcolm Gladwell
Date: October 23, 2025
Producer: Pushkin Industries

Overview:

This episode examines the failed execution attempt of Kenny Smith, one of the men convicted in the Elizabeth Sennett case, within the broader context of capital punishment in Alabama. Malcolm Gladwell uses Smith’s harrowing experience as a lens to scrutinize the technical, ethical, and moral failures embedded in the administration of the death penalty, focusing particularly on lethal injection. Gladwell interrogates why efforts to alleviate suffering in the context of state executions often lead to increased cruelty and indignity.

Key Discussion Points & Insights

1. Background on Kenny Smith and the Alabama Death Penalty

• Kenny Smith’s Story: Smith was 22 when he participated in Elizabeth Sennett’s murder. Despite a jury recommendation of life without parole, a judge overrode the verdict and sentenced him to death ([04:56]).
  • "Smith was charged with murder, convicted, sentenced by the jury to life without parole by a vote of 11 to 1. And then his judge did the same thing John Parker's judge did, overrode the jury's decision and sentenced him to death." – Malcolm Gladwell [04:56]
• Smith spent decades on death row, maintaining relationships with family and developing a reputation for finding faith and reforming his character in prison ([16:37–19:47]).

2. The Technical Realities of Lethal Injection

• Gladwell explains that lethal injection, designed to be a "clean" and professional way to execute, is fraught with unseen complications ([06:12], [07:40]).
  • "The state of Alabama has a detailed set of instructions for how executions are to be carried out... 41 pages of dry, precise language..." – Malcolm Gladwell [06:12]
• Expert Insight: Dr. Joel Zivitt (intensive care specialist, Emory University) discusses the illusion of a painless execution:
  • "Lethal injection seemed to solve the problem of being outwardly peaceful... There was the use of terminology of medicine and even the use of physicians... which gave this kind of extra impression that this was legitimate and endorsed." – Joel Zivitt [08:13]
• Practical Failures: Difficulty accessing veins, procedural confusion, and lack of skilled medical staff render the process messy and traumatic for both the condemned and the execution team ([09:48], [11:42]).
  • "It's not the anesthesiologist from the nearest teaching hospital." – Malcolm Gladwell [11:42]

3. The Botched Executions Preceding Smith

• Cases of Joe Nathan James and Alan Miller, both plagued by severe technical difficulties and failed attempts to establish IV access, set the stage for Smith ([13:48–16:13]).
  • "I saw in his body evidence of multiple attempts at intravenouses... There was also evidence of something called a cut down. And a cut down is where you take a knife to the skin... It's kind of an old-style technique." – Joel Zivitt [13:48]

4. The Night of Kenny Smith’s Failed Execution (November 17, 2022)

• Robert Grass (Smith’s longtime attorney) recounts the roller-coaster legal efforts as deadlines approach, with the Supreme Court ultimately allowing the execution to proceed late in the night ([20:46–22:44]).
  • "There's no easy way to say this. And so I knew from that prefatory remark what was coming." – Robert Grass [21:33]
• Eyewitness Account: Smith was strapped to the gurney for hours, enduring multiple invasive and painful attempts to insert lines. He was left terrified, injured, and confused; the execution was called off after midnight ([22:44–26:38]).
  • "They just put a surgical gown over him... and, as Kenny perceived it, moved the needle around while it was inserted in his chest... He freaked out, demanding that someone call his lawyer." – Malcolm Gladwell [24:09]
  • "After three and a half or four hours being strapped to a gurney, he was unable to stand, walk, unbutton his shirt, change his clothes, do any of that without assistance." – Robert Grass [26:15]

5. Institutional Response and Moral Reckoning

• Governor Kay Ivey pauses executions and initiates a review in response to public and legal scrutiny ([27:00])
• Attorney General Steve Marshall holds a press conference, blaming delays on defense lawyers and inmates, and suggesting the real problem was insufficient time to execute, not the cruel process ([28:20]).
  • "There’s been a great deal of media coverage... because a cold blooded convicted killer complains about the prodding and poking of a small IV line. Really? Prodding and poking with a needle." – Steve Marshall [05:33, 30:30]

6. Aftermath and Ongoing Questions

• The review results in an expanded execution time window—extending Alabama’s opportunity to "poke and prod" for even longer ([29:57]).
  • "Six more hours to poke and prod and take a knife... and manage the rising sense of shame and self loathing and revulsion that comes from being asked to do a job without really knowing how to do a job." – Malcolm Gladwell [29:57]
• Emotional and psychological fallout for all involved, with new protocols potentially worsening the suffering ([31:12–32:31])
  • "As the moral failure cascade gains momentum, indifference turns to cruelty. And through all of this, Kenny Smith was back in his cell, still alive. What do you do after the state has tried to kill you and failed?" – Malcolm Gladwell [31:12]

Notable Quotes & Memorable Moments

• "This is how lethal injection actually kills you. It kills you by burning your lungs up. And you’re also paralyzed. So you can’t complain that this is happening." – Joel Zivitt [00:40]
• "The condemned prisoners are not cooperating with their executioners." – Malcolm Gladwell, with irony [29:16]
• "It's not the same place. These people are not patients. They're not collaborators to you." – Joel Zivitt [12:10]
• "He made me really pause and think a lot. Kenny Smith, because watching someone only start from a place of love after something so horrible was... I'd never seen that before." – Malcolm Gladwell [32:48]

Notable Timestamps

• [00:40] — Joel Zivitt’s medical explanation of lethal injection.
• [05:33] — AG Steve Marshall’s defense of Alabama’s execution process.
• [08:05] — Zivitt unpacks why lethal injection seemed humane.
• [13:48] — Zivitt’s account of the autopsy on a previous botched execution (Joe Nathan James).
• [20:46–22:44] — Robert Grass describes the night of Kenny Smith’s execution attempt.
• [24:09–26:38] — Graphic, detailed account of Smith’s experience in the death chamber.
• [28:20–29:57] — Public official’s response and the change in protocol.
• [31:12–32:31] — Gladwell’s reflection on moral failure and its escalation.

Structure & Flow

The episode uses meticulous reporting, personal narration, expert commentary, and legal testimony to unravel both the technical and human elements of capital punishment’s failings in Alabama. The tone is sobering, critical, and empathetic, highlighting the chasm between the intention to "humanely" execute and the reality of systemic cruelty.

Final Thoughts

Gladwell concludes by compelling listeners to question the premise and practicalities of death by lethal injection, as well as the capacity for those involved—victim, perpetrator, families, executioners, and the state—to move forward after such profound institutional failure. The episode underlines the grim paradox: that bureaucratic processes, meant to alleviate suffering, often perpetuate the very cruelty they claim to eliminate.