Alabama to Conduct Second Nitrogen Gas Execution, According to Reuters

By Jonathan Allen

Alabama is set to execute convicted murderer Alan Miller on Thursday, marking only the second instance of nitrogen asphyxiation being used in an execution, a method the state initiated in January.

Miller, aged 65, was sentenced for the 1999 killings of three men, including two of his colleagues, during a shooting spree at two different offices in Pelham, Alabama.

In January, Alabama performed its first nitrogen asphyxiation execution on Kenneth Smith, another convicted murderer. This execution represented a departure from the traditional lethal injection that has been the primary method of execution in the U.S. for the past 40 years. Officials from Alabama characterized the new protocol as "the most painless" execution method available, predicting that Smith would quickly lose consciousness and suffocate as pure nitrogen was administered through a mask.

However, eyewitnesses—including five journalists and members of Smith’s family—reported that Smith struggled against his restraints and convulsed during the process, taking several minutes to lose consciousness. The Biden administration expressed deep concern regarding this execution method, with some U.N. human rights officials labeling it potentially torturous or cruel and inhumane.

In defense, Alabama’s Attorney General Steve Marshall described Smith’s execution as "textbook." Following the execution, Miller filed a lawsuit against the state, worrying that the asphyxiation method could be deemed a violation of the constitutional ban on cruel and unusual punishment. Miller sought guarantees regarding the proper fitting of the mask and testing to ensure an airtight seal, fearing that a lack of oxygen could prolong his suffering or leave him with lasting brain damage.

Miller’s lawsuit ended in a confidential settlement, and his execution is slated for 6 p.m. at the Holman Correctional Facility in Atmore, Alabama. The Alabama Department of Corrections has not disclosed whether any adjustments were made to its nitrogen gassing protocol.

Alabama is also offering its expertise to other states interested in adopting nitrogen asphyxiation, presenting it as a more straightforward alternative in the face of challenges in obtaining lethal injection drugs. Advocacy groups opposing the death penalty have long campaigned to prevent pharmaceutical companies from supplying drugs for executions, now focusing on nitrogen suppliers and manufacturers of execution-related equipment.

A spokesperson for Allegro Safety, the company that produced the masks used in Alabama’s executions, declined to comment on their application for this purpose. Additionally, a representative from Onex Corp, which owns a majority share in Allegro, did not respond to requests for information.