Alabama is opposing a request to film the state’s next execution by nitrogen gas in an attempt to help courts evaluate whether the new method is humane. The request is to record the scheduled Sept. 26 execution of Alan Miller. It was filed by lawyers for another man who faces the death penalty, Carey Dale Grayson.
MONTGOMERY, Ala. — The state of Alabama asked a judge Friday to deny defense lawyers’ request to film the next execution by nitrogen gas in an attempt to help courts evaluate whether the new method is humane.
They are challenging the constitutionality of the method after Alabama carried out the nation’s first execution by nitrogen gas in January, when Kenneth Smith was put to death. Witnesses to Smith’s execution described him shaking on the gurney for several minutes as he was put to death by nitrogen gas. Alabama Attorney General Steve Marshall declared the execution was a “textbook” success. Attorneys for Grayson wrote that, “one way to assist in providing an accurate record of the next nitrogen execution is to require it be videotaped.
The Alabama attorney general’s office on Friday asked U.S. District Judge R. Austin Huffaker, Jr. to deny the request.
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