(AP) — Alabama is preparing to carry out the nation’s second nitrogen gas execution this week as sharp disagreements continue over the humaneness of the new method.
Alan Eugene Miller, 59, is scheduled to be executed with nitrogen gas at the William C. Holman Correctional Facility in Atmore, the Montgomery Advertiser reported.
The window for the execution opens at midnight ET on Thursday and expires Friday at 6 a.m. ET, according to ABC News.
Miller was convicted of killing three men (Terry Jarvis, Lee Holdbrooks, and Scott Yancy) in back-to-back workplace shootings in 1999.
The execution is moving forward after the state and Miller, who survived a 2022 lethal injection attempt, reached an undisclosed settlement agreement to end his lawsuit challenging the new method.
The new execution method uses a respirator gas mask, which is placed over the inmate’s face, to replace breathable air with pure nitrogen gas, causing death by lack of oxygen.
Alabama carried out the first nitrogen gas execution in January with the execution of Kenneth Smith. Smith shook and writhed on the gurney for at least two minutes, followed by several minutes of slow, gasping breathing. The execution lasted approximately 22 minutes, which included the time for Smith to make his final statement.
Alabama Attorney General Steve Marshall in January said that, “Alabama’s nitrogen hypoxia system is reliable and humane.”
He called Smith’s execution “textbook.” In court filings, the state has disputed that Smith’s shaking movements were proof
But death penalty opponents and advocates for other inmates facing nitrogen execution maintain that what happened at Smith’s execution shows that there are problems, or at least questions about, the new execution method.
Nexstar’s Ashleigh Jackson contributed to this story.
