Alabama Supreme Court authorises second nitrogen execution
This article was published in Amicus ALJ’s newsletter.
The Alabama Supreme Court has authorised its second execution by nitrogen gas. Alan Eugene Miller is set to die by this killing procedure, which entails a mask being placed over the inmate’s nose and mouth to replace air with pure nitrogen [1]. Essentially, the inmate dies from lack of oxygen. Dr. Jeffrey Keller, president of the American College of Correctional Physicians compared the method to putting a plastic bag over somebody’s head and the UN has labelled it ‘experimental’ and stated it could amount to torture [2].
Miller, now 59, is set to be executed for killing three people during a 1999 workplace rampage in Birmingham, Alabama. Miller’s testimony at his trial suggests he was delusional and mentally ill when he shot the victims, believing them to have been spreading rumours about him. He was sentenced to death after 20 minutes of jury deliberation and has been on death row since 2000.
The first man to be executed by nitrogen gas was Kenneth Eugene Smith on January 25th of this year. Alabama lawmakers claim the procedure is painless, rendering inmates unconscious instantaneously [3]. However, according to witnesses at his execution, Smith writhed and struggled against restraints for approximately two to four minutes and then breathed heavily for about five minutes. Still, Alabama Attorney General Steve Marshall said the execution was a ‘tremendous success’ and described it as ‘textbook’ despite acknowledging it was the first of its kind [4].
In recent years, lethal injection has resulted in several botched executions across the U.S., including one failed execution that Miller experienced in September 2022 prior to his now impending execution. Executioners could not establish access to his veins for the IV lines before the expiration of his death warrant. During this ordeal, Miller said prison staff poked him with needles for more than an hour. At one point, staff left him hanging vertically strapped to a gurney, according to a complaint filed by Miller’s attorney.
After the series of botched lethal injections, Ivey placed a temporary moratorium on executions to grant the Department of Corrections (DOC) time to review the lethal injection protocol. The governor’s office lifted the moratorium in February 2023. The DOC said it had made changes to the protocols; however, neither Ivey nor the DOC explained what these changes consisted of.
Miller filed a lawsuit in U.S. District Court in March, attempting to stop his pending execution by nitrogen gas. His attorneys allege that Alabama has authorised his execution in retaliation against him for speaking about the state’s botched execution attempt. They claim it is a violation of Miller’s rights to free speech and equal protection under the law.
The inconsistent results and augmenting cost of lethal injection drugs have led to states pursuing alternatives, such as nitrogen gas. Miller will likely be the Yellowhammer state’s next test subject. Governor Kay Ivey has scheduled Miller’s execution to take place between midnight on the 26th of September and 6 a.m. on the 27th.
Footnotes
[1] Alabama Department of Corrections Execution Procedures: Lethal Injection Nitrogen Hypoxia Electrocution August 2023.
[2] UN News, ‘Nitrogen gas has never been used in the United States to execute human beings’ (Twitter, 16 January 2024) < https://twitter.com/UN_News_Centre/status/1747375802130354481?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7C twterm%5E1747375802130354481%7Ctwgr%5E8111260e7f588ca2762717fce0e538900386e6a2%7Ctwcon%5Es1_c10&re f_url=https%3A%2F%2Fd-1142148291024434390.ampproject.net%2F2312191621000%2Fframe.html> accessed 25 January 2024
[3] Chandler Kim, ‘Doctors, ethicists skeptical that nitrogen executions will be humane’ The Alabama Reflector (7 September 2023).
[4] ABC 33/40, ‘Alabama AG addresses execution of state inmate Kenneth Smith’ (Facebook, 26 January 2024) < https://www.facebook.com/watch/live/?ref=watch_permalink&v=680431744301089 >
News sourced from:
https://alabamareflector.com/2024/04/03/alabama-death-row-inmate-sues-to-stop-nitrogen-execution/
