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Alabama is set to carry out its second execution using nitrogen gas on Thursday, despite the ongoing debate about the humanness of the method.
The state used the nitrogen gas method for the first time in January on Kenneth Smith. The process involves fitting a gas mask over the inmate’s face which replaces breathable air with pure nitrogen, leading to death by lack of oxygen.
In the aftermath of Smith’s execution, there has been significant discussion about whether his constitutional rights were violated due to the pain he appeared to suffer during the execution, as reported by AP.
According to witnesses, Smith experienced seizure-like convulsions for over two minutes while strapped to the gurney, and was gasping for breath for several more, indicating a painful death.
Alam Eugene Miller, 59, is the second person scheduled for Nitrogen gas execution.
“Alabama’s nitrogen hypoxia system is reliable and humane,” said Alabama Attorney General Steve Marshall while announcing a lawsuit settlement that enabled Miller’s execution. A third nitrogen gas execution has been scheduled for November.
However, death penalty opponents and advocates for other inmates scheduled for nitrogen executions argue that the issues observed during Smith’s execution highlight the necessity of further evaluation of this method.
“The fact that the state scheduled two more nitrogen executions without publicly acknowledging the failures of the first one is concerning,” said John Palombi, an attorney with the Federal Defenders Program, in an email.
Miller, a delivery truck driver, was convicted of capital murder for the triple workplace shootings in Pelham, a city near Birmingham.
Witnesses testified that on the morning of August 5, 1999, Miller entered Ferguson Enterprises and shot coworkers Lee Holdbrooks, 32, and Christopher Scott Yancy, 28, before driving to Post Airgas and killing Terry Jarvis, 39.
Miller initially pleaded not guilty because of mental illness but later withdrew that plea. A defence psychiatrist confirmed that Miller had a mental illness, but it was not considered severe enough to justify an insanity defence.
This led to his conviction and death sentence after just 20 minutes of jury deliberation.
Alabama had previously attempted to execute him by lethal injection but failed to establish an IV line.
Miller initially challenged the use of nitrogen gas, stating the problems with Smith’s execution. However, he later settled with the state, suggesting improvements like medical-grade nitrogen and a sedative beforehand.
Mara E. Klebaner, Miller’s attorney, mentioned, “He entered into a settlement on favourable terms to protect his constitutional right to be free from cruel and unusual punishments.”
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