Federal judge blocks Alabama from executing an inmate who says the state lost his paperwork requesting an alternative to lethal injection.
Nitrogen hypoxia is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions.
Nitrogen hypoxia has been authorized by Alabama and two other states for executions but has never used by a state to try to put an inmate to death. When Alabama approved nitrogen hypoxia as an alternative execution method in 2018, state law gave inmates a brief window to designate it as their execution method. Miller testified last week that he returned a state form selecting nitrogen on the same day it was distributed to inmates by a prison worker. He said he left it in the slot of his cell door for a prison worker to collect, but did not see who picked it up. Alabama prison officials say they have no record of Miller returning the form, and argued that Miller is just trying to delay his execution. Huffaker wrote that he can’t rule out the possibility that Miller is lying about selecting nitrogen in order to delay his looming execution, but said his testimony was credible. “It is substantially likely that Miller timely elected nitrogen hypoxia,” the judge wrote. The judge noted the possibility that Alabama might soon be able to use nitrogen. “From all that appears, the State intends to announce its readiness to conduct executions by nitrogen hypoxia in the upcoming weeks,” the judge wrote. The Alabama Department of Corrections told the judge last week that Alabama “has completed many of the preparations necessary for conducting executions by nitrogen hypoxia” but is not ready to implement it Miller, a delivery truck driver, was convicted in the 1999 workplace shootings that killed Lee Holdbrooks, Scott Yancy and Terry Jarvis in suburban Birmingham. Miller shot Holdbrooks and Yancy at one business and then drove to another location to shoot Jarvis, evidence showed. A defense psychiatrist said Miller was delusional and suffered from severe mental illness but his condition wasn’t bad enough to use as a basis for an insanity defense under state law.
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