Montgomery, Alabama – The state of Alabama has set a date for the upcoming execution of Alan Eugene Miller, a convicted murderer who is poised to become only the second inmate in the United States to be put to death using nitrogen gas. Nitrogen hypoxia, a controversial method permitted in only a handful of U.S. states, involves asphyxiating the prisoner with a gas mask devoid of oxygen.
The first person to be executed using this method was Kenneth Smith, executed in late January, marking Alabama’s inaugural use of nitrogen gas for an execution. Despite the authorization of nitrogen hypoxia as an alternative execution method in Alabama, Oklahoma, and Mississippi for several years, Smith was the first to be executed with the gas.
Scheduled for September 26, Miller’s execution date was announced by the office of Alabama Governor Kay Ivey, specifying nitrogen hypoxia as the method. Miller was convicted of killing three men in 1999. Governor Ivey indicated in a memo to the Alabama Department of Corrections Commissioner John Hamm that there are no current plans to grant clemency in the case.
Miller, 59, has been on death row for decades, found guilty of killing three people in August 1999. While working as a delivery truck driver in Pelham, Alabama, Miller shot two of his colleagues, Christopher Yancy and Lee Holdbrooks, at the company building before fatally shooting Terry Jarvis at another location in the same city.
Alabama faced challenges with Miller’s execution in 2022 due to time concerns and difficulty accessing his veins, leading to the halting of the process. Miller was among four death row prisoners in the state whose lethal injections were either botched or halted in recent years, raising questions about Alabama’s ability to carry out executions effectively.
Critics of nitrogen hypoxia have expressed concerns about the potential harm it may cause to the condemned and those present during executions. However, supporters argue that it offers an alternative when traditional lethal injections are not feasible.
Miller, who had chosen nitrogen hypoxia as his preferred method of execution, faced legal hurdles leading up to his halted execution in 2022. Despite challenges and delays, Alabama prison officials ultimately proceeded with trying to execute Miller using nitrogen gas after the lifting of an injunction.
The use of nitrogen gas for executions has sparked debates and opposition from advocates, both domestically and internationally, raising questions about its implications under international human rights law. Despite the controversies surrounding nitrogen hypoxia, Alabama continues to explore alternative methods for carrying out capital punishment in the absence of adequate lethal injections.
Critics and human rights activists have voiced concerns about the untested nature of nitrogen gas executions, highlighting the need for comprehensive reviews and ethical considerations in carrying out capital punishment. As Alabama prepares for another historic use of nitrogen gas in an execution, the debate surrounding its legality and ethical implications persists.