The state of Alabama is moving forward with its second nitrogen gas execution as scheduled, following an agreement reached in a settlement with a death row inmate. The inmate has decided to withdraw any further litigation against the state, leading to the continuation of the execution process.
On Monday, a federal judge dismissed the case brought by Alan Miller against Alabama Attorney General Steve Marshall. This came after the two parties reached a confidential settlement.
Just one day before a scheduled federal hearing for Miller, aged 59, who was attempting to block his execution, which is set to occur on September 26 and 27, the decision was made to take action.
Miller filed a lawsuit against the state due to concerns regarding the use of nitrogen gas during executions. This came after media witnesses reported that Kenneth Smith seemed to have experienced cruel and unusual punishment during his execution in January.
The United States saw its first execution using the nitrogen gas method when Smith was put to death. This method received widespread criticism and condemnation from advocacy groups and the United Nations.
According to Miller’s recommendations, Alabama should implement a number of modifications while using nitrogen gas for executions. These changes include the utilization of medical-grade nitrogen and allowing a skilled expert to monitor the gas flow and use of sedatives from inside the chamber.
According to the Associated Press, Marshall’s spokesperson was unable to verify if the state had agreed to implement the modifications.
According to the Attorney General’s office, the implementation of the method in death penalty cases has been victorious, as evidenced by the settlement.
In a written statement, Marshall expressed his affirmation that Alabama’s nitrogen hypoxia system is both reliable and humane, as confirmed by the resolution of this case.
According to Miller’s complaint, the media had speculated that Kenneth Smith was subjected to cruel and unusual punishment during his execution in January 2024. However, the state’s evidence presented to Miller’s legal team refuted this inaccurate narrative.
“The execution of Miller is set to proceed as scheduled in September.”
Miller’s attorney was contacted by The Independent for a comment regarding the issue at hand. Responding to the Associated Press via email, Mara E. Klebaner stated that her client had reached a settlement on beneficial terms to safeguard his constitutional right against inhumane and unusual punishments.
Klebaner disagreed with the description provided in a press release issued by Marshall’s office, claiming that the settlement “successfully defends constitutionality” of nitrogen executions.
According to the statement of the legal representative, the constitutionality of the state’s proposed nitrogen hypoxia method of execution was not upheld in Mr. Miller’s case, rendering the state’s assertion that it had “successfully defended” the method’s constitutionality incorrect. Additionally, she clarified that a settlement agreement does not constitute a decision on the underlying claim’s merits.
In 1999, Miller was found guilty of the murder of Terry Jarvis, Lee Holdbrooks, and Scott Yancy. The state attempted to execute him in September 2022, but failed to meet the necessary protocols by a midnight deadline.
