Alabama Seeks to Use Nitrogen Gas for Second Execution Amid Controversy
Alabama Attorney General Steve Marshall’s office has requested the state Supreme Court to set an execution date for Alan Eugene Miller, a convicted murderer responsible for three deaths in 1999. The state plans to carry out Miller’s execution using nitrogen gas, a controversial new method that was recently used in the state’s first execution. However, this request has sparked further controversy and debate surrounding the use of nitrogen gas for capital punishment.
Miller, now aged 59, has been on death row since 2000. Alabama believes it is time to carry out his sentence and has expressed its preparedness to execute him using nitrogen hypoxia. The attorney general’s office stated, “The State of Alabama is prepared to carry out the execution of Miller’s sentence by means of nitrogen hypoxia.” However, Miller’s attorney has not yet responded to the request for comment.
This execution request comes in the aftermath of the state’s first execution using nitrogen gas, which took place on January 25. During this execution, inmate Kenneth Smith experienced violent convulsions and seizure-like movements for several minutes before succumbing to death. Alabama Attorney General Steve Marshall defended the execution, claiming it was “textbook” and asserting that the state will continue to use nitrogen gas for future executions. He even offered assistance to other states considering this method. However, another death row inmate filed a lawsuit seeking to block the use of nitrogen gas, arguing that Smith’s execution was a botched “human experiment.” The lawsuit states that witness accounts indicate the process was agonizing and painful, rather than quick and painless as claimed by the state.
It is worth noting that both Smith and Miller had previously survived lethal injection attempts. In Miller’s case, the state tried to execute him by lethal injection in September 2022 but encountered difficulties due to his weight. Following this failed attempt, Alabama reached an agreement with Miller’s lawyers, promising not to pursue lethal injection and opting for nitrogen gas instead.
The use of nitrogen gas in executions has faced significant criticism from anti-death penalty advocates. Abraham Bonowitz, executive director of the anti-death penalty group Death Penalty Action, argued that calling it “nitrogen hypoxia” is misleading and suggested that it should be referred to as “execution by suffocation.” The group had previously protested outside the Alabama prison in opposition to Smith’s execution.
Miller was working as a delivery truck driver when he committed the fatal workplace shootings of Lee Holdbrooks, Scott Yancy, and Terry Jarvis. Prosecutors presented evidence that Miller believed the victims were spreading rumors about him and acted out of delusion. Jurors deliberated for only 20 minutes before convicting Miller and recommending a death sentence, which was subsequently imposed by the judge.
While Alabama pushes forward with its plans to execute Alan Eugene Miller using nitrogen gas, the controversy surrounding this method remains. The opposing views on the efficacy and humanity of nitrogen hypoxia highlight the ongoing debate surrounding capital punishment and the methods used to carry it out. As more states consider alternative execution methods, the ethical implications and potential consequences of these choices continue to be subjects of intense scrutiny.
