Alabama is prepared to carry out the second lethal punishment using nitrogen gas, a recently introduced execution technique.
Previously, a planned execution of Alan Eugene Miller, aged 59, via lethal injection was halted two years back, as authorities reportedly couldn't locate Miller's veins before the execution permit expired.
Governor Kay Ivey of Alabama, a Republican, designated a 30-hour window, commencing on Thursday morning, for Miller's execution to occur.
This represents the second execution attempt, following the resolution of a federal lawsuit filed by Miller, challenging the usage of nitrogen gas in his execution. The lawsuit was settled last month. Miller contended that the state's nitrogen hypoxia method, which he alleged could lead to unnecessary suffering, infringed upon his Eighth Amendment rights.
The specifics of the settlement agreement remain confidential, although Alabama's Attorney General, Steve Marshall, emphasized that Alabama's nitrogen gas execution method, which was implemented for the first and only time during the execution of Kenneth Smith earlier in the year, is constitutional.
"The resolution of this case affirms that Alabama's nitrogen hypoxia system is trustworthy and humane," Marshall stated.
Supporters of the nitrogen hypoxia execution method, which involves replacing the oxygen inhaled by the inmate with 100% nitrogen, claim that a person would likely lose consciousness fairly quickly during the procedure, making it more humane compared to other execution methods. However, medical experts have raised concerns that they are unable to pinpoint when a person might lose consciousness when exposed to high concentrations of nitrogen gas.
Witnesses to Smith's January execution alleged that he continued to tremble and writhe on the gurney for minutes before passing away.
The media has repeatedly attempted to obtain comments from Miller's legal representatives regarding his settled lawsuit and upcoming execution.
The 1999 Incident
Miller has been facing the prospect of his own demise for over two decades now. He was sentenced to death in 2000 for the murders of Lee Holdbrooks, Scott Yancy, and Terry Lee Jarvis, which occurred in 1999.
According to a communique from the Alabama Attorney General's office, Miller was aggravated by rumors spreading about him. On August 5, 1999, Miller shot two of the victims at Ferguson Enterprises in Pelham, Alabama, as per court records.
"I'm fed up with people spreading rumors about me," Miller reportedly stated, brandishing a pistol as he exited his employer's office, according to court documents.
Yancy was struck three times, according to the court records, rendering him immobile following the first shot, which pierced his groin and spine, crippling him.
Holdbrooks was shot six times and attempted to flee down a hallway before Miller fatally shot him in the head, causing him to expire in a pool of blood, as per the documents.
Following the killings of Holdbrooks and Yancy, Miller went to his prior workplace, Post Airgas, where Jarvis was employed.
Miller greeted Jarvis, who denied spreading rumors about him, only to be shot multiple times by Miller minutes later.
Miller was eventually captured on the highway, according to court records, with a Glock pistol loaded (with one round in the chamber and 11 rounds in the magazine).
A forensic psychiatrist who testified on Miller's defense team determined he was mentally ill and grappling with a delusional disorder, leading him to believe the victims were disseminating rumors about him. Nevertheless, the psychiatrist opined that Miller's mental disorder did not meet the standards for an insanity defense in Alabama.
"I feel it has taken far too long to reach this point," Tara Barnes, Holdbrooks' widow told CNN on Tuesday.
The family members of Yancy and Jarvis have not yet responded to CNN's attempts to contact them.
Nitrogen Hypoxia Explained
In September 2022, Alabama officials attempted to execute Miller using lethal injection but failed due to their inability to locate his veins within the prescribed timeframe.
Miller was scheduled to be executed by lethal injection following a US Supreme Court ruling that overturned a lower court injunction in a protracted dispute over whether he would be executed using lethal injection or nitrogen hypoxia, according to CNN's earlier reporting.
Prior to that initial attempt, Miller and his attorneys had sought to ensure he would be executed using nitrogen gas, a method he had previously chosen, but which the state was unprepared to implement.
Following the unsuccessful attempt, Miller was returned to death row.
Miller and his attorneys filed a lawsuit challenging the state's nitrogen hypoxia protocol after it was utilized during Smith's execution.
Smith was sentenced to death for his involvement in a 1988 murder for hire and, like Miller, had previously survived a failed attempt to execute him using lethal injection in 2022.
The process of death by nitrogen gas involves forcing an inmate to inhale 100% nitrogen gas, thereby depriving them of the essential oxygen needed for survival. However, critics argue that death by nitrogen gas can lead to exacerbated pain or even torture.
During Smith's execution earlier this year, he reportedly displayed signs of consciousness for "several minutes," and continued to shake and writhe on the gurney for two minutes thereafter, according to the media witness account.
Following this, there were several minutes of deep breathing before his breath appeared to slow down and eventually became imperceptible to media witnesses, according to CNN's earlier reporting.
"Clearly, it was not the instant, painless death that they promised," Dr. Jonathan Groner, a professor of surgery at The Ohio State University College of Medicine, told CNN last week. "There's a lot of suggestion that it wasn't good, wasn't pleasant."
Global authorities "strongly denounced" Smith's execution and the application of nitrogen gas asphyxiation, declaring in a communique that it was no less than state-endorsed torment.
The utilization of this novel execution technique, which has been proven to induce distress in animals, is utterly appalling, the experts opined.
"The idea is that by eliminating all oxygen and merely inhaling pure nitrogen, you won't experience that crushing sensation, like you're trying to hold your breath, correct?" questioned Groner, who has dedicated over two decades to studying capital punishment. However, he admitted that the theory doesn't seem to hold water in practice.
Alabama is the sole state to have experimented with this execution method, yet other states such as Louisiana, Oklahoma, and Mississippi have also approved the procedure of death by nitrogen hypoxia, as per the Death Penalty Information Center.
CNN's Dakin Andone and Lauren Mascarenhas contributed to this report
Despite Governor Kay Ivey's plans, if the execution team faces similar issues locating Miller's veins during the execution, it could once again result in a delay for 'us'.
Following the settlement of Miller's lawsuit, it remains to be seen how 'us' will approach the execution process given the controversies surrounding the usage of nitrogen gas.
