An Alabama inmate, Alan Eugene Miller, has filed a lawsuit in federal court seeking to block the state's attempt to execute him using nitrogen gas. Miller's attorneys argue that the first execution using this method was 'botched' and caused cruel and prolonged suffering to the inmate put to death.
The lawsuit challenges the execution method and raises concerns about the use of a mask to deliver the nitrogen gas, citing the case of Kenneth Smith who reportedly experienced shaking and convulsions during his execution in January. Miller's attorneys claim that executing him using the same protocol would violate the ban on cruel and unusual punishment.
Furthermore, the lawsuit alleges that the state of Alabama is seeking to execute Miller to silence him in retaliation for speaking out about his failed lethal injection attempt. The attorneys argue that this would violate Miller's free speech and due process rights.
Alabama Attorney General Steve Marshall's office has not yet responded to the lawsuit. However, in February, the office requested the Alabama Supreme Court to set an execution date for Miller using nitrogen gas.
Miller, who survived a previous lethal injection attempt, was convicted of a 1999 workplace rampage in which he killed three men. The state's first attempt to execute Miller by lethal injection in September 2022 was unsuccessful, leading to the agreement that any future execution attempts would be carried out using nitrogen gas.
Witness accounts of Smith's execution have raised concerns about the use of nitrogen gas, with some describing it as a 'botched human experiment.' Miller's attorneys argue that the state's portrayal of Smith's execution as 'textbook' is inaccurate.
The legal battle over the use of nitrogen gas for executions in Alabama continues as both the state and advocates present opposing views on the matter. The Alabama Supreme Court has yet to rule on the request for an execution date for Miller.
Miller's case highlights the ongoing debate surrounding the use of different methods of execution and the ethical considerations involved in carrying out capital punishment.
