Alan Eugene Miller is set to be executed Thursday night. If the execution happens, it will be the second one using nitrogen gas in the country.
Published: Sep. 26, 2024, 12:00 p.m.An Alabama Death Row inmate, convicted of killing three men in a workplace shooting, is set to die Thursday evening, the second inmate in the country to be executed using nitrogen gas.
The execution was called off at approximately 11:30 p.m. that night because of issues accessing Miller’s veins, Alabama Department of Corrections Commissioner John Hamm told reporters gathered at the prison system media center. At the time, the state’s death warrant expired at midnight—meaning the execution couldn’t happen after 12 a.m.-- and there wouldn’t have been enough time left to finish setting up the IVs and preform the lethal injection.
The U.S. Supreme Court had allowed Smith’s execution to proceed, but Justice Sonia Sotomayor filed a dissent, with which two other justices joined. After Miller’s case settled last month, Marshall issued a statement saying that the nitrogen protocol was “reliable and humane.” He said the lawsuit “was based on media speculation that Kenneth Smith suffered cruel and unusual punishment in the January 2024 execution, but what the State demonstrated to Miller’s legal team undermined that false narrative.”
In a deposition earlier this summer, Miller said he has no intention of holding his breath or resisting his execution, but he’s worried the state will fail at securing his gas mask because they’re “incompetent.”. “And these guys can’t even open a cell door sometimes. They’re keystone cops is basically what they are.”
Shelby County District Attorney Robby Owens, in his opening statement in Miller’s trial nearly a year after the shootings, described the killings as methodical and cold. “These men are not just murdered. They are executed,” he said. Holdbrooks was 32 when he was killed. He suffered six gunshot wounds, with the sixth being the fatal shot fired at close range.
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