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. Protest sign saying "We oppose the execution this week."
2. Dome of Alabama state capitol
3. SOUNDBITE (English) Kimberly Chandler, The Associated Press:
"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, using the new method of execution, which has only been used one time before, which was in January, to execute Kenneth Smith."

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

ASSOCIATED PRESS
Montgomery, Alabama – 25 September 2024
5. SOUNDBITE (English) Kimberly Chandler, The Associated Press:
"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 from lack of oxygen."
6. Protesters with signs
7. SOUNDBITE (English) Kimberly Chandler, The Associated Press:
"It is controversial for a lot of reasons. For one, it is a new method of execution. It is also controversial for what happened the first time the state debuted this method. Smith in January appeared to shake on the gurney for several minutes, at least two minutes, to which opponents say is an indication that the death penalty, that this execution method does not work as well as the state promised."
8. Close of protest button saying "execute justice not people"
9. SOUNDBITE (English) Kimberly Chandler, The Associated Press:
"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."
++BLACK FRAMES++

ASSOCIATED PRESS
FILE: Montgomery, Alabama – 26 January 2024
10. SOUNDBITE (English) Steve Marshall, Alabama Attorney General:
"As of last night, nitrogen hypoxia as a means of execution is no longer an untested method. It is a proven one. It’s the method that Kenny Smith ultimately chose, along with now 43 other death row inmates in our state."
++ENDS ON SOUNDBITE++
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.

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