MONTGOMERY, Ala. (AP) — An Alabama inmate seeking to block the state's attempt to make him the second person put to death by nitrogen gas has filed a
MONTGOMERY, Ala. — An Alabama inmate seeking to block the state’s attempt to make him the second person put to death by nitrogen gas has filed a lawsuit arguing the first execution under the new method was “botched” and caused cruel and prolonged suffering.
“Rather than address these failures, the State of Alabama has attempted to maintain secrecy and avoid public scrutiny, in part by misrepresenting what happened in this botched execution,” the lawyers wrote. They said Alabama was unable to conduct such an execution “without cruelly superadding pain and disgrace, and prolonging death.”
The request for an execution date comes as the state and advocates continue to present opposing views of what happened during the state’s first execution using nitrogen. Smith shook and convulsed in seizure-like movements for several minutes on the death chamber gurney as he was put to death on Jan. 25.
After that attempt, the state struck an agreement with Miller’s lawyers that it would never again seek to execute Miller by lethal injection and that any attempt to execute him in the future would be done with nitrogen gas. However, Miller’s attorneys argued that witness accounts of Smith’s execution contradict Marshall’s assertion that it was “textbook” and went according to the state’s plan.
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