Summary
On September 26, 2024, Alabama executed Alan Eugene Miller using nitrogen gas, marking the second instance of this execution method in the U.S. Miller, 59, was convicted for the 1999 shooting deaths of three of his former co-workers during a workplace rampage in Pelham, Alabama. His execution followed a controversial first use of nitrogen gas in January 2024, raising concerns about the method’s humaneness due to reports of distressing reactions in the previous execution.
Miller’s execution was conducted at the Holman Correctional Facility after he had previously been spared in 2022 when prison officials were unable to find a vein for lethal injection. He opted for nitrogen hypoxia after the failed attempt, which is designed to cause death by depriving the body of oxygen as the inmate inhales pure nitrogen. During the execution, witnesses reported that Miller shook and gasped for breath before becoming still, similar to the reactions observed during the earlier nitrogen execution of Kenneth Smith, which drew significant criticism regarding its perceived inhumanity.
Background on the Crime
In August 1999, Miller fatally shot three men—Lee Holdbrooks, Christopher Scott Yancy, and Terry Jarvis—during a violent spree at two different workplaces. Testimony from his trial indicated that Miller believed his co-workers were gossiping about him, leading to his actions. Initially pleading not guilty by reason of insanity, he later withdrew that plea, and a jury sentenced him to death with a 10-2 vote.
Controversy Surrounding Nitrogen Execution
The use of nitrogen gas as an execution method has sparked debate among legal experts, human rights advocates, and the public. Critics argue that the method is untested and could lead to painful and prolonged deaths. In Miller’s case, his attorneys expressed concerns about the fitting of the gas mask and the potential for suffering, a sentiment echoed after Kenneth Smith’s execution raised alarms about the humaneness of nitrogen hypoxia.
Legal Proceedings and Settlements
Miller initially filed a lawsuit challenging the nitrogen execution protocol, citing fears of cruel and unusual punishment. However, he later settled the suit confidentially, allowing the execution to proceed without further legal hindrance. The Alabama Attorney General’s office has defended the method, claiming it is swift and painless, despite conflicting eyewitness accounts from both executions under this protocol.
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