The state of Alabama has asked a federal judge to reject a request by defense attorneys to film the upcoming execution of an inmate using nitrogen gas. The request was made by the legal team of Carey Dale Grayson, a death row inmate challenging the constitutionality of nitrogen gas executions. Grayson’s attorneys seek to record the execution of Alan Miller, scheduled for September 26, to evaluate whether the method is humane.
Request to Film Execution for Constitutional Review
Grayson’s attorneys argue that filming Miller’s execution would provide crucial evidence for assessing the new nitrogen hypoxia execution method. Alabama carried out the nation’s first nitrogen execution in January when Kenneth Smith was put to death, an event that has been met with controversy.
“Serious constitutional questions linger over Alabama’s nitrogen hypoxia protocol,” Grayson’s lawyers wrote. They cited concerns after witnesses to Smith’s execution described the condemned man shaking on the gurney for several minutes. Despite this, Alabama Attorney General Steve Marshall deemed Smith’s execution a “textbook” success.
Precedents of Recorded Executions
Recording executions is rare, but there have been instances where courts allowed it. In 2011, the lethal injection of a Georgia man was filmed as part of a court-approved challenge to the use of pentobarbital. Similarly, a 1992 California execution was recorded during a legal battle over the use of the gas chamber.
Grayson’s attorneys argue that recording Miller’s execution could provide valuable information for evaluating the humaneness of nitrogen gas as a method of capital punishment.
State’s Opposition: Security and Solemnity Concerns
The Alabama attorney general’s office filed a motion on Friday urging U.S. District Judge R. Austin Huffaker, Jr. to deny the request, stating that such an intrusion is unnecessary and unrelated to Grayson’s case.
“There is no purpose to be served by the contemplated intrusion into the state’s operation of its criminal justice system and execution of a criminal sentence wholly unrelated to this case,” the state argued in its filing.
Alabama Department of Corrections Commissioner John Q. Hamm also expressed concerns about security and logistics, stating that allowing a videographer inside the death chamber or witness rooms would “severely undermine the solemnity of the occasion.”
Constitutional Scrutiny of Nitrogen Executions
Alabama’s nitrogen hypoxia execution method remains under constitutional scrutiny, with legal experts questioning its safety and humaneness. Grayson is scheduled to be executed in November using nitrogen gas, following Miller’s scheduled execution later this month. Grayson’s attorneys believe that recording Miller’s execution could shed light on whether the new method adheres to constitutional standards for capital punishment.
The court has yet to issue a ruling on whether the recording will be allowed.
