Alabama is set to carry out the execution of convicted murderer Alan Miller using nitrogen asphyxiation, marking only the second time the state will implement this controversial method. Miller, 65, was convicted for the 1999 murders of three men, including two of his co-workers, in a shooting spree across two offices in Pelham, Alabama.
In January, Alabama executed Kenneth Smith, the first person to be put to death by nitrogen asphyxiation, a method the state claims is “the most painless” execution available. Officials had anticipated that Smith would quickly lose consciousness as pure nitrogen was delivered through a safety respirator mask. However, witnesses—including five journalists and Smith’s family—reported a harrowing scene in which Smith struggled against his restraints and appeared to convulse, taking several minutes to lose consciousness.
The Biden administration expressed deep concern over this new execution method, which has been criticized by senior United Nations human rights officials, who argue it may constitute torture or inhumane treatment. Despite the backlash, Alabama’s Attorney General Steve Marshall defended the execution, describing it as a “textbook” case.
Following Smith’s execution, Miller filed a lawsuit against the state, fearing that the nitrogen asphyxiation protocol might violate the Eighth Amendment’s prohibition against cruel and unusual punishment. He requested guarantees that the respirator mask would be properly fitted and tested to ensure an airtight seal, fearing that improper execution could lead to a prolonged death or severe brain damage. This litigation concluded with a confidential settlement, and Miller’s execution is scheduled for 6 PM local time at the Holman Correctional Facility in Atmore, Alabama.
The Alabama Department of Corrections has not disclosed whether any changes have been made to its nitrogen execution protocol in response to the concerns raised during Smith’s execution. The state has also expressed willingness to assist other states in adopting nitrogen asphyxiation as an alternative method of execution, especially as many grapple with shortages of lethal injection drugs.
Advocacy groups opposing the death penalty have long pressured pharmaceutical companies to restrict their drugs from being used in executions and are now focusing on nitrogen suppliers and mask manufacturers, including Allegro Safety, which supplied the masks used in Alabama’s executions. Stephanie Boucher, a spokesperson for Allegro’s parent company, Walter Surface Technologies, declined to comment on the application of its masks in capital punishment.
As the execution date approaches, the debate surrounding nitrogen asphyxiation and its ethical implications continues to gain attention, with Miller’s case set to be a focal point in the ongoing discourse over the death penalty in the United States.