An inmate in Alabama is set to become the second person known to be executed by nitrogen hypoxia, a controversial method critics say is tantamount to torture. Alan Eugene Miller, 59, was previously scheduled for lethal injection two years ago, but the attempt was called off due to vein access issues.
Republican Alabama Gov. Kay Ivey has designated a 30-hour window for Miller's execution, following a federal lawsuit settlement over the use of nitrogen gas in his execution. The settlement, whose terms remain confidential, was hailed by the state Attorney General as proof of the method's constitutionality.
Nitrogen hypoxia involves replacing oxygen with 100% nitrogen, with proponents arguing it leads to quick unconsciousness, making it more humane. However, witnesses to a previous execution reported the inmate shaking and writhing before dying.
Miller was sentenced to death in 2000 for the murders of three men in 1999, whom he believed were spreading rumors about him. Despite a defense psychiatrist diagnosing him with mental illness, an insanity defense was not pursued.
Alabama officials previously attempted to execute Miller by lethal injection in 2022, but failed to access his veins in time. The dispute over the method of execution led to a Supreme Court ruling in favor of nitrogen hypoxia.
Death by nitrogen gas has faced criticism for its potential to cause pain or torture, with experts condemning its use. While Alabama has tested this method, other states like Louisiana, Oklahoma, and Mississippi have also authorized death by nitrogen hypoxia.
