Lawyers Argue First Execution Violated Constitution, Seek to Halt Miller’s Death
An Alabama death row inmate is seeking to block his upcoming execution, arguing the state’s new method of nitrogen gas execution is unconstitutionally cruel.
Second Nitrogen Execution Challenged
Alan Eugene Miller’s attorneys filed a motion on Friday requesting a federal judge to halt his execution, scheduled for September 26th. This would be the second execution in Alabama using nitrogen gas.
Concerns Raised About First Execution
Miller’s legal team argues that the first nitrogen execution, carried out in January 2024, was a “horrific scene” violating the Eighth Amendment’s ban on cruel and unusual punishment. They claim eyewitness accounts detail Kenneth Smith, the first inmate executed by nitrogen, “shaking and convulsing on a gurney for several minutes” before succumbing.
Lawyers Demand Change or Block Execution
Miller’s attorneys are seeking a preliminary injunction, which would prevent the execution from happening. Alternatively, they request the court force Alabama to modify its nitrogen gas protocol to ensure a quicker and less painful death.
Miller Previously Opted for Nitrogen Gas
Miller himself previously requested nitrogen gas as his execution method. In 2022, a scheduled lethal injection was called off due to difficulties establishing an intravenous line on Miller, a larger-than-average individual. The state then agreed to forego further attempts at lethal injection and proceed with nitrogen gas, though a protocol for the new method wasn’t yet established at the time.
Lawyers Argue Protocol Failed to Deliver Promised Quick Death
Miller’s current legal challenge hinges on the argument that the nitrogen gas protocol doesn’t fulfill the state’s claims of a swift and painless death. They assert that Kenneth Smith suffered for “several excruciating minutes” during his execution, contradicting the state’s assurances. The case will likely spark further debate about the ethics and effectiveness of nitrogen gas as an execution method.
