AP Explains: Alabama prepares to carry out second nitrogen gas execution amid controversy

(25 Sep 2024)
RESTRICTION SUMMARY:

ASSOCIATED PRESS
Montgomery, Alabama – 25 September 2024
1. Protesters holding signs
2. SOUNDBITE (English) Kimberly Chandler, The Associated Press:
++SOUNDBITE PARTIALLY COVERED++
"Alabama on Thursday plans to carry out the nation’s second execution using nitrogen gas. The state is scheduled to put 59-year-old Alan Miller to death."

ASSOCIATED PRESS
ARCHIVE: Atmore, Alabama – 7 October 2002
3. Still photo of execution chamber

ASSOCIATED PRESS
Montgomery, Alabama – 25 September 2024
4. SOUNDBITE (English) Kimberly Chandler, The Associated Press:
++SOUNDBITE PARTIALLY COVERED++
"This is a new method of execution that the state of Alabama developed in which a respirator type mask is strapped over the inmate’s face while he is in turn strapped to a gurney. And through the mask, the state pumps pure nitrogen or close to it to replace his breathing oxygen, which causes the person to die."
5. Protest sign
6. SOUNDBITE (English) Kimberly Chandler, The Associated Press:
++SOUNDBITE PARTIALLY COVERED++
"Alabama developed this new execution method as an alternative to lethal injection, which does remain the state’s primary execution method. The state maintains that this is humane, it works quickly, and that inmates essentially pass away from lack of oxygen. However, opponents are citing what happened during Smith’s execution, where he appeared to shake on the gurney in a seizure-like convulsions for at least two minutes, followed by several minutes of deep gasping breaths as a sign that there are problems, or at least that there are questions that should be answered about this method before it is used again. I should note that Miller was challenging this in in a court fight, but he entered into a settlement with the state, which is confidential. We don’t know exactly what the state agreed to, but Miller was asking for things to make sure things such as making sure the mask was fitted to his face and that he would receive an oral sedative before the gas was administered."
7. Close of protest button

STORYLINE:
Alabama is preparing to carry out the nation’s second nitrogen gas execution on Thursday evening, as sharp disagreements continue over the humaneness of the new method.

Alan Eugene Miller, 59, is scheduled to be executed with nitrogen gas at a south Alabama prison.

Miller was convicted of killing three men in back-to-back workplace shootings in 1999 .

The execution is moving forward after the state and Miller 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 show that there are problems, or at least questions about, the new execution method.

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