MONTGOMERY, Ala. — Alabama’s attorney general announced on Monday that the execution of inmate Alan Miller will proceed using nitrogen gas this September, following a settlement reached between the state and Miller’s legal team.
Miller, convicted in the murders of three men, had previously filed a lawsuit to contest the use of nitrogen gas as a method of execution, citing witness accounts of complications during another nitrogen execution earlier this year. According to court documents, the details of the confidential settlement have not been disclosed, but it reportedly addresses concerns about the state’s execution protocol.
Among Miller’s proposed changes were the use of medical-grade nitrogen, supervision by a qualified professional, and administering a sedative before the execution. A spokesperson for the attorney general’s office declined to confirm if any amendments to the execution procedures had been agreed upon.
Miller’s attorney stated that the settlement was reached on favorable terms to ensure Miller’s constitutional rights against cruel and unusual punishment are upheld.
The attorney general characterized the settlement as a significant endorsement of nitrogen gas as a humane execution method. In a statement, the office asserted that the resolution validates the reliability of Alabama’s nitrogen hypoxia system.
“The resolution of this case confirms that Alabama’s nitrogen hypoxia system is reliable and humane,” the attorney general stated, adding that any claims of prior executions being inhumane were unfounded.
The settlement was reached just before a scheduled federal court hearing regarding Miller’s attempt to halt his execution, which is now set for September 26.
Miller was previously subject to a failed lethal injection attempt due to difficulties in establishing an IV line, leading to the decision to utilize nitrogen gas for future execution attempts.
Alabama’s use of nitrogen gas marks a pivotal moment in execution protocols, aiming to address concerns about the method’s efficacy and humanity following the state’s first nitrogen execution, which was met with controversy.
