Alabama inmate sues to stop being the second person executed using NITROGEN GAS

Alabama prisoner sues to stop being second person executed with NITROGEN GAS

An Alabama inmate has filed a lawsuit against the state to avoid being the second person to be executed with nitrogen gas, citing “cruel and unusual punishment.”

Alan Eugene Miller, 57, survived an attempted execution by lethal injection in 2022, but will now be the second to die by nitrogen gas.

His execution date is set for September 22 at the William C. Holman Correctional Center in Escambia County, but his lawyers are fighting back using the method after a killer subjected to nitrogen gas 'writhed in agony' for 22 minutes in January 25th.

Kenneth Smith was left shaking and convulsing as he was sentenced to death, leading Miller's legal team to claim that using nitrogen gas death on their client would be 'cruel and unusual punishment'.

Lawyers also alleged that the state is trying to “silence” Miller, who spoke out against lethal injection after the failed attempt — which they called a violation of his freedom of speech and due process rights.

“Instead of addressing these failures, the State of Alabama attempted to maintain secrecy and avoid public scrutiny, in part by misrepresenting what happened in this botched execution,” the attorneys wrote.

They said Alabama was unable to conduct such an execution “without cruelly increasing the pain and disgrace and prolonging death.”

A spokeswoman for Alabama Attorney General Steve Marshall did not immediately respond to a text message seeking comment on the lawsuit.
Despite Smith's clearly agonizing and torturous death, Alabama Attorney General Steve Marshall vowed to continue using nitrogen gas to execute inmates.

Marshall filed a motion in February asking the court to allow the Alabama Department of Corrections to execute Alan Eugene Miller, who has been on death row since 2000 for murdering two co-workers and a former co-worker at separate locations in 1999.

Alabama has also offered to help other states seeking to carry out nitrogen gas executions, a method that Alabama has called “the most painless and humane method of execution known to man” but which human rights groups have condemned as cruel and torturous.

What happened last night was textbook,” Marshall said after Smith's execution, contrasting the claims of many, including Smith's spiritual advisor, who said it was “torture” and the “worst thing” he had ever experienced. visa.

“When they turned on the nitrogen, he started convulsing, he got on the gurney again and again, he shook the whole gurney,” said spiritual advisor Jeff Hood, who was in the chamber immediately after the execution.

Marshall said that of the 165 inmates on Alabama's death row, 43 prisoners have chosen to be executed by nitrogen hypoxia rather than lethal injection when the time comes.

“We will definitely have more nitrogen hypoxia executions in Alabama,” he concluded.

In records presented before the execution, the state argued that “experts agree that nitrogen hypoxia is painless because it causes unconsciousness within seconds.”

Marshall reportedly admitted that wasn't exactly how it happened Thursday night, as it took longer than anticipated, but said it was difficult to discern the timing due to the difficulty of knowing when the nitrogen began flowing.

“It’s interesting to see the attorney general say that everything went according to the plans they laid out,” Hedgepeth told MSNBC.

“We saw him begin to shake violently, struggling against the straps that restrained him.

'This was the fifth execution I have witnessed in Alabama and I have never seen such a violent execution or such a violent reaction to the means of execution.'


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