Alabama has requested the state’s Supreme Court to set a date for the execution of death row inmate Alan Eugene Miller, using nitrogen hypoxia. This request follows the recent execution of Kenneth Eugene Smith using the same method, marking the first instance of nitrogen hypoxia’s application in the United States.
Both Smith and Miller were initially slated for lethal injection, but Smith’s execution encountered difficulties, leading to a botched attempt, while Miller’s was halted.
Miller’s execution, initially set for September 22, 2022, was canceled due to the inability to complete the procedure before the midnight deadline. Miller subsequently filed a federal lawsuit contesting death by lethal injection, which had been attempted during the initial execution.
Lawsuit Againt Nitrogen Hypoxia (Credits: USA Today)
He described a harrowing experience during the process, alleging that prison staff struggled to find a vein, subjected him to multiple needle insertions over an hour, and left him hanging vertically on a gurney.
The Alabama Supreme Court ruled in September 2022 that Miller’s execution must proceed using nitrogen hypoxia, a decision the Alabama Department of Corrections eventually accepted despite initial resistance.
Alabama Attorney General Steve Marshall emphasized the state’s readiness to execute Miller through nitrogen hypoxia, asserting that it is the appropriate time to carry out his sentence.
Miller, aged 59, received a death sentence for a 1999 workplace rampage in suburban Birmingham, during which he killed Terry Jarvis, Lee Holdbrooks, and Scott Yancy.
Alabama, alongside Oklahoma and Mississippi, permits nitrogen hypoxia as an alternative to conventional execution methods. However, its use has sparked criticism, with concerns raised about its experimental nature and potential for inflicting unnecessary pain and danger on the condemned individual and observers.
United Nations experts have highlighted apprehensions regarding the possibility of severe suffering caused by nitrogen inhalation, emphasizing the lack of scientific evidence to suggest otherwise.
