Current:Home > MyAlabama to carry out the 2nd nitrogen gas execution in the US-InfoLens
Alabama to carry out the 2nd nitrogen gas execution in the US
View Date:2024-12-23 11:14:34
MONTGOMERY, Ala. (AP) — Alabama is preparing to carry out the nation’s second nitrogen gas execution on Thursday as disagreements continue over the humaneness of the new method of putting prisoners to death.
Alan Eugene Miller, 59, is scheduled to be executed with nitrogen gas at a south Alabama prison. Miller was convicted of killing three men — Lee Holdbrooks, Christopher Scott Yancy and Terry Jarvis — in back-to-back workplace shootings in 1999.
Alabama in January put Kenneth Smith to death in the first nitrogen gas execution. The new execution method involves placing a respirator gas mask over the inmate’s face to replace breathable air with pure nitrogen gas, causing death by lack of oxygen.
Alabama officials and advocates have argued over whether Smith suffered an unconstitutional level of pain during his execution. He shook in seizure-like spasms for more than two minutes as he was strapped to the gurney. That was followed by several minutes of gasping breathing.
“Alabama’s nitrogen hypoxia system is reliable and humane,” Alabama Attorney General Steve Marshall said last month in announcing a lawsuit settlement agreement that allowed for Miller’s execution. The state has scheduled a third nitrogen execution for November.
But death penalty opponents and advocates for other inmates facing nitrogen execution maintain that what happened with Smith shows there are problems with, or at least questions about, the new execution method. They said the method should be scrutinized more before it is used again.
“The fact that the state scheduled two more nitrogen executions without publicly acknowledging the failures of the first one is concerning. Going through with a second in the world nitrogen execution without reassessing the first, and under a continued veil of secrecy is not how a transparent government operates,” John Palombi, an attorney with the Federal Defenders Program who is representing another inmate facing a nitrogen execution in November, wrote in an email.
Death penalty opponents on Wednesday delivered petitions asking Gov. Kay Ivey to halt the execution. Miller is one of five death row inmates scheduled to be put to death in the span of one week, an unusually high number of executions that defies a yearslong trend of decline in the use of the death penalty in the U.S.
Miller, a delivery truck driver, was convicted of capital murder for the shootings that claimed three lives and shocked the city of Pelham, a suburban city just south of Birmingham.
The Aug. 5, 1999, workday had begun normally, a witness testified, until Miller showed up armed with a handgun saying he was “tired of people starting rumors on me.”
Police say that early that morning Miller entered Ferguson Enterprises and shot and killed two coworkers: Holdbrooks, 32, and Yancy, 28. He then drove 5 miles (8 kilometers) away to Post Airgas, where he had previously worked, and shot Jarvis, 39.
All three men were shot multiple times. A prosecutor told jurors at the 2000 trial that the men “are not just murdered, they are executed.”
Miller had initially pleaded not guilty by reason of insanity but later withdrew the plea. A psychiatrist hired by the defense said that Miller was mentally ill, but he also said Miller’s condition wasn’t severe enough to use as a basis for an insanity defense, according to court documents.
Jurors convicted Miller after 20 minutes of deliberation and voted he receive the death penalty.
Alabama had previously attempted to execute Miller by lethal injection. But the state called off the execution after being unable to connect an IV line to the 351-pound (159-kilogram) inmate. The state and Miller agreed that any other execution attempt would be with nitrogen gas.
The state might be making minor adjustments to execution procedures. Miller had initially challenged the nitrogen gas execution plans, citing witness descriptions of what happened to Smith. But he dropped the lawsuit after reaching a settlement last month with the state.
Court records did not disclose the terms of the agreement, but Miller had suggested several changes to the state’s nitrogen gas protocol. Those included using medical grade nitrogen and a sedative beforehand. Will Califf, a spokesperson for Attorney General Marshall, last month said he could not confirm if the state had agreed to make changes to execution procedures.
Mara E. Klebaner, an attorney representing Miller, said last month that he “entered into a settlement on favorable terms to protect his constitutional right to be free from cruel and unusual punishments.”
veryGood! (3)
Related
- We Can Tell You How to Get to Sesame Street—and Even More Secrets About the Beloved Show
- U.S. doctor Bushra Ibnauf Sulieman killed for nothing amid fighting in Sudan
- New York attorney general launches probe of Twitch and Discord after Buffalo shooting
- Museums turn to immersive tech to preserve the stories of aging Holocaust survivors
- OneTaste Founder Nicole Daedone Speaks Out on Sex Cult Allegations Against Orgasmic Meditation Company
- Taylor Swift's Handmade Eras Tour Backstage Pass Is Something Out of a Lavender Haze
- Hairstylist Chris Appleton Confirms Romance With Lukas Gage
- Canadian socialite Jasmine Hartin pleads guilty to manslaughter in fatal shooting of Belize police officer
- Detroit-area police win appeal over liability in death of woman in custody
- Deepfake video of Zelenskyy could be 'tip of the iceberg' in info war, experts warn
Ranking
- All Social Security retirees should do this by Nov. 20
- King Charles III coronation guest list: Who's invited and who's stuck at home?
- It's Been A Minute: Digital Privacy In A Possible Post-Roe World
- Elon Musk says doubt about spam accounts could doom Twitter deal
- Dramatic video shows Phoenix police rescue, pull man from car submerged in pool: Watch
- Scotland's Stone of Destiny'' has an ancient role in King Charles' coronation. Learn its centuries-old story.
- This Affordable Amazon Blouse With 10,500+ Five-Star Reviews Is Perfect for Spring
- The 10 Best Body Acne Treatments for Under $30, According to Reviewers
Recommendation
-
Wisconsin agency issues first round of permits for Enbridge Line 5 reroute around reservation
-
Over 50 gig workers were killed on the job. Their families are footing the bills
-
A firm proposes using Taser-armed drones to stop school shootings
-
Katie Maloney Admits She Wasn't Shocked By Tom Sandoval and Raquel Leviss' Affair
-
Golden Bachelorette: Joan Vassos Gets Engaged During Season Finale
-
How the false Russian biolab story came to circulate among the U.S. far right
-
Maryland Apple store workers face hurdles after their vote to unionize
-
Royal Caribbean cruise ship passenger goes overboard on trip to Hawaii