‘Execution survivor’ Alan Miller reaches settlement with state
Alabama won’t seek another lethal injection date for an inmate whose September execution had been halted because of problems establishing an intravenous line, according to the terms of a settlement agreement approved on Monday. The state agreed to never use lethal injection again as an execution method to put Alan Eugene Miller to death. Any future effort to execute him will be done by nitrogen hypoxia, an execution method authorized in Alabama but that has never been used to carry out a death sentence in the US. There is currently no protocol in place for using nitrogen hypoxia. On Tuesday, U.S. District Judge R. Austin Huffaker Jr. approved the settlement agreement in a lawsuit brought by Miller seeking to prevent another lethal injection attempt. Miller had argued that the state lost paperwork stating he picked nitrogen hypoxia as his execution method and then subjected him to torture during the failed execution attempt. At the time, Miller’s attorneys called him the “only living execution survivor in the United States.” Miller was scheduled to be executed by lethal injection on September 22, but the state called off the execution after being unable to connect an IV line to the 351-pound inmate. Miller said that when prison staff tried to find a vein, they poked him with needles for over an hour and, at one point, left him hanging vertically as he lay strapped to a gurney. Alabama has acknowledged problems with IV access during at least four executions since 2018. Three of those had to be halted. Earlier this month, the execution of Kenneth Eugene Smith was halted after the execution team tried for an hour to connect an IV line. Last week, attorneys for Smith filed a lawsuit against the prison system, saying that the state violated the U.S. Constitution, various court orders, and its own lethal injection protocol during the botched execution attempt earlier this month. Smith’s attorneys are asking a federal judge to forbid the state from making a second attempt to execute him, saying Smith was already “subjected to ever-escalating levels of pain and torture” on the night of the failed execution. Alabama also called off the 2018 execution of Doyle Lee Hamm for the same reasons. He reached an agreement with the state that prevented further execution attempts, although he remained on death row. He later died of natural causes. Prison officials blamed time constraints, specifically the midnight deadline, for the three halted executions. The state’s July execution of Joe Nathan James was carried out, but only after a three-hour delay caused at least partly by the same problem with accessing an IV line. Last week Alabama Gov. Kay Ivey announced a pause on executions in order to review the procedures. The Republican governor cited concern for victims’ families. Miller was sentenced to death after being convicted of a 1999 workplace rampage in which he killed Terry Jarvis, Lee Holdbrooks, and Scott Yancy. The settlement agreement likely prevents another execution attempt in the near future since Alabama has not announced procedures for using nitrogen hypoxia, and there will be litigation over the humaneness of the method before a state tries to use it. Republished with the permission of The Associated Press.
Kay Ivey asks Steve Marshall to withdraw state’s two pending motions to set execution dates
Governor Kay Ivey on Monday asked Attorney General Steve Marshall to withdraw the State’s two pending motions to set execution dates in the cases of Alan Eugene Miller and James Edward Barber, the only two death row inmates with such motions currently pending before the Alabama Supreme Court. This follows Thursday’s botched attempt to execute Kenneth Eugene Smith and previous troubling executions. Ivey has ordered Alabama Department of Corrections Commissioner John Hamm to undertake a top-to-bottom review of the State’s execution process and how to ensure the State can successfully deliver justice going forward. “For the sake of the victims and their families, we’ve got to get this right,” Ivey said. “I don’t buy for a second the narrative being pushed by activists that these issues are the fault of the folks at Corrections or anyone in law enforcement, for that matter. I believe that legal tactics and criminals hijacking the system are at play here.” “I will commit all necessary support and resources to the Department to ensure those guilty of perpetrating the most heinous crimes in our society receive their just punishment,” Ivey continued. “I simply cannot, in good conscience, bring another victim’s family to Holman looking for justice and closure until I am confident that we can carry out the legal sentence.” The governor also requests that the attorney general not seek additional execution dates for any other death row inmates until the top-to-bottom review is complete. Ivey said that she appreciates the hard work of AG Marshall and his team to pursue justice in these cases and looks forward to receiving the input of his office, as appropriate, as the review moves forward. Commissioner Hamm agreed with Ivey. “I agree with Governor Ivey that we have to get this right for the victims’ sake,” Hamm said. “Everything is on the table – from our legal strategy in dealing with last-minute appeals, to how we train and prepare, to the order and timing of events on execution day, to the personnel and equipment involved. The Alabama Department of Corrections is fully committed to this effort and confident that we can get this done right.” Miller gunned down Lee Holdbrooks, age 32, Scott Yancy, age 28, and Terry Jarvis, age 39, in a workplace-related shooting in Shelby County on July 31, 2000. Barber, a handyman, robbed and killed elderly neighbor Dorothy Epps, age 75, in Harvest in Madison County in 2001. Lethal injection is the preferred method of execution because it is supposedly more humane than the electric chair, firing squad, gas chamber, hanging, or beheading, but Smith was allegedly strapped to a gurney for four hours Thursday night while Alabama Department of Corrections (ADOC) employees tried in vain to find a blood vein so that the State could kill him before ADOC finally gave up. U.S District Judge R. Austin Huffaker Jr. on Friday granted a request from Smith’s lawyers to visit with Smith and take photographs of his body. Huffaker also ordered the State to preserve notes and other materials related to what happened in the botched execution. This was the third failed execution attempt by the State of Alabama since 2018. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Alabama fails to complete lethal injection for 3rd time
Alabama’s string of troubled lethal injections, which worsened late Thursday as prison workers aborted another execution because of a problem with intravenous lines, is unprecedented nationally, a group that tracks capital punishment said Friday. The uncompleted execution of Kenneth Eugene Smith was the state’s second such instance of being unable to kill an inmate in the past two months and its third since 2018. The state completed an execution in July, but only after a three-hour delay caused at least partly by the same problem with starting an IV line. A leader at the Death Penalty Information Center, an anti-death penalty group with a large database on executions, said no state other than Alabama has had to halt an execution in progress since 2017, when Ohio halted Alva Campbell’s lethal injection because workers couldn’t find a vein. According to Ngozi Ndulue, deputy director of the Washington-based group, the only other lethal injection stopped before an inmate died also was in Ohio in 2009. “So Alabama has more aborted lethal injections in the past few years than the rest of the country has overall,” she said. Something has obviously gone wrong with the state’s execution procedure, Ndulue said. “I think Alabama clearly has some explaining to do, but also some reflection to do about what is going wrong in its execution process,” she said. “The question is whether Alabama is going to take that seriously.” The Alabama Department of Corrections disputed that the cancellation was a reflection of problems. In a statement, it blamed the late-running court action for the cancellation because prison officials “had a short timeframe to complete its protocol.” Prison officials said they called off Smith’s execution for the night after they were unable to get the lethal injection underway within the 100-minute window between the courts clearing the way for it to begin and a midnight deadline when the death warrant expired for the day. The U.S. Supreme Court cleared the way for Smith’s execution when at about 10:20 p.m., it lifted a stay issued earlier in the evening by the 11th U.S Circuit Court of Appeals. But the state decided about an hour later that the lethal injection would not happen that evening. “We have no concerns about the state’s ability to carry out future lethal injection procedures,” the Alabama Department of Corrections said in an emailed statement. “The department will continue to review its processes, as it routinely does following each execution, to identify areas of improvement.” Alabama Gov. Kay Ivey also blamed Smith’s last-minute appeals as the reason “justice could not be carried out” U.S District Judge R. Austin Huffaker Jr. on Friday granted a request from Smith’s lawyers to visit with Smith and take photographs of his body. He also ordered the state to preserve notes and other materials related to what happened in the failed execution. Smith’s attorneys said they believe he may have been strapped to a gurney for four hours even though his final appeals were still underway. “Mr. Smith no doubt has injuries from the attempted execution — and certainly physical and testimonial evidence that needs to be preserved — that can and should be photographed and/or filmed,” lawyers for Smith wrote. Smith, who was scheduled to be put to death for the murder-for-hire slaying of a preacher’s wife in 1988, was returned to death row at Holman Prison after surviving the attempt, a prison official said. His lawyers declined to comment Friday morning. Corrections Commissioner John Hamm said prison staff tried for about an hour to get the two required intravenous lines connected to Smith, 57. Hamm said they established one line but were unsuccessful with a second line, which is required under the state’s protocol as a backup, after trying several locations on Smith’s body. Officials then tried a central line, which involves a catheter placed into a large vein. “We were not able to have time to complete that, so we called off the execution,” Hamm said. The initial postponement came after Smith’s final appeals focused on problems with IV lines at Alabama’s last two scheduled lethal injections. Because the death warrant expired at midnight, the state must go back to court to seek a new execution date. Advocacy groups and defense lawyers said Alabama’s continued problems show a need for a moratorium to investigate how the death penalty is carried out in the state. “Once again, the state of Alabama has shown that it is not capable of carrying out the present execution protocol without torture,” federal defender John Palombi, who has represented many death row inmates in the state, said via email Prosecutors said Smith was one of two men who were each paid $1,000 to kill Elizabeth Sennett on behalf of her husband, who was deeply in debt and wanted to collect the insurance. The slaying — and the revelations of who was behind it — rocked the small north Alabama community where it happened in Colbert County and inspired a song called “The Fireplace Poker,” by the Southern rock group Drive-By Truckers. John Forrest Parker, the other man convicted in the slaying, was executed in 2010. Alabama has faced scrutiny over its problems at recent lethal injections. In ongoing litigation, lawyers for inmates are seeking information about the qualifications of the execution team members responsible for connecting the lines. In a Thursday hearing in Smith’s case, a federal judge asked the state how long was too long to try to establish a line, noting at least one state gives an hour limit. The execution of Joe Nathan James Jr. in July took several hours to get underway because of problems establishing an IV line, leading Reprieve US Forensic Justice Initiative, an anti-death penalty group, to claim the execution was botched. In September, the state called off the scheduled execution of Alan Miller because of difficulty accessing his veins. Miller said in a court filing that prison staff poked him with needles for more than an hour, and at one point, left him hanging vertically on a gurney before announcing they were
Attorneys seek information about halted execution of Alan Miller
Attorneys for an Alabama inmate, who had his lethal injection called off because of intravenous line difficulties, said they want to see information, such as the names and qualifications of execution team members, to understand what went awry. Judge R. Austin Huffaker, Jr. held a hearing Wednesday on the request for information regarding the attempted execution of Alan Miller in September. “We’re trying to understand what went wrong and why,” Mara Klebaner, an attorney representing Miller, told the judge. The Alabama attorney general’s office has asked to keep some of the information secret, or under a protective seal, citing security concerns. Miller had his lethal injection aborted in September after officials tried for more than an hour to connect an intravenous line. Alabama Corrections Commissioner John Hamm told reporters the execution was halted because “accessing the veins was taking a little bit longer than we anticipated,” and the state did not have sufficient time to get the execution underway by a midnight deadline. The state is now seeking a second execution date for Miller. Miller’s attorneys are trying to block the state from attempting a second lethal injection. Huffaker did not issue an immediate ruling but said he was inclined to require the state to turn over the names to Miller’s lawyers. A state attorney argued it was a security risk because of the possibility the names might be leaked. She suggested the people only be identified only by pseudonyms as they are questioned by Miller’s attorneys. “There is a genuine safety concern for these individuals,” Assistant Attorney General Audrey Jordan said. Huffaker said pseudonyms would make it difficult for Miller’s attorneys to research their backgrounds or determine whether the people were being truthful during depositions. He agreed with the state that the names didn’t need to be shared with Miller, noting he had little ability to punish the death row inmate if he violated a confidentiality order. Huffaker also appeared skeptical of a statement in a court filing by the attorney general’s office claiming the execution hadn’t gotten underway. Deputy Attorney General James Houts said it was the state’s contention that the execution doesn’t get underway until the death warrant is read in the execution chamber and the drugs begin flowing. Klebaner said that claim “defies reality.” Klebaner said they have gotten little substantive information from the state, while Houts said they are working as quickly as they can. Huffaker cautioned the state to act in good faith with the information requests. “If I see stonewalling… we are going to be back here having a talk,” Huffaker told attorneys for the state. Republished with the permission of The Associated Press.
Judge dismisses lawsuit over upcoming lethal injection
A federal judge dismissed an inmate’s claim seeking to block his upcoming execution in Alabama because of reported problems at a recent lethal injection. The judge on Sunday granted Alabama’s request to dismiss the lawsuit brought by Kenneth Eugene Smith, agreeing that Smith waited too long to file the challenge. But U.S. District Judge R. Austin Huffaker Jr. also warned Alabama’s prison commissioner to strictly follow established protocol when officials attempt to put Smith to death next month. “Sanctions will be swift and serious if counsel and the Commissioner do not honor or abide by their representations and stipulations,” Huffaker wrote. Smith is set to be executed by lethal injection November 17 after being convicted in the murder-for-hire killing of Elizabeth Dorlene Sennett, 45. Smith’s attorneys pointed to a July execution, which an anti-death penalty group claims was botched, to argue that Alabama’s lethal injection process creates a risk of cruel and unusual punishment. The July 28 execution of Joe Nathan James Jr. was carried out more than three hours after the U.S. Supreme Court denied a request for a stay. State officials later acknowledged the execution was delayed because of difficulties in establishing an intravenous line but did not specify how long it took. A doctor who witnessed a private autopsy paid for by an anti-death penalty group said it appeared officials might have attempted to perform a “cutdown,” a procedure in which the skin is opened to allow a visual search for a vein. Huffaker noted that Corrections Commissioner John Hamm “represents in his brief and during oral argument that the ADOC did not employ a cutdown procedure or intramuscular sedation during the James execution and denies any present intent to employ any such procedure in the future.” Huffaker ruled that Smith missed the time frame to challenge Alabama’s lethal injection process. Smith missed the 2018 deadline to request execution by nitrogen hypoxia, an execution method that Alabama has authorized but not developed a process to use. Smith’s attorneys argued that the state violated his due process rights by not providing him the information necessary to make a knowing and voluntary waiver of his nitrogen hypoxia election right in 2018. ADVERTISEMENT His attorneys argue that Smith did not know nitrogen hypoxia “would not be implemented for years, if ever.” Huffaker said that complaint also could not overcome a “clear statute-of-limitations hurdle.” Prosecutors said Smith was one of two men paid $1,000 to kill Sennett on behalf of her husband, the Rev. Charles Sennett, who was deeply in debt and wanted to collect on insurance. Smith maintained it was the other man who killed Sennett, according to court documents. Smith was initially convicted in 1989, and a jury voted 10-2 to recommend a death sentence, which a judge imposed. His conviction was overturned on appeal in 1992. He was retried and convicted again in 1996. This time, the jury recommended a life sentence by a vote of 11-1, but a judge overrode the jury’s recommendation and sentenced Smith to death. Alabama no longer allows a judge to override a jury’s recommendation. Republished with the permission of The Associated Press.
Judge grills Alabama officials over lethal injection process
A federal judge on Thursday questioned Alabama officials about the state’s lethal injection procedures — including how many needle “pokes” are too many — after problems with vein access at the state’s last two scheduled executions. U.S. District Judge R. Austin Huffaker, Jr. put forth the questions during a court hearing in a lawsuit filed by Kenneth Eugene Smith, who is seeking to block his upcoming Nov. 17 execution. His attorneys have pointed to problems at recent lethal injections. Alabama called off a lethal injection last month after having trouble accessing the veins of the 351-pound (159-kilogram) inmate, and advocacy groups have alleged a July execution, carried out after a lengthy delay, was botched. Huffaker asked an attorney for the state at what point is the search for a vein impacted by the constitutional ban on cruel and unusual punishment. “It is 10 pokes? Is it 11? Is it 100? Is it one hour? … What is it?” Huffaker asked. He also asked when does the state make a decision to abort a lethal injection when there are problems obtaining a vein connection. Robert Anderson, of the Alabama attorney general’s office, said the state prison commissioner and warden are in charge of the decision on when to call off an execution. Huffaker also asked the state prison commissioner to clarify when the state will be ready to use nitrogen hypoxia, an execution method the state has authorized but never used. Huffaker said the state had told him different things at different times, including once suggesting that it could be ready for last month’s execution — a suggestion that turned out to be untrue. “It’s being developed, but we don’t have a protocol at this point,” Alabama Corrections Commissioner John Hamm told the judge. Anderson added that Alabama is attempting to develop the country’s first procedures for execution by nitrogen hypoxia, so it is a complicated endeavor and difficult to estimate a precise time. Smith, 57, is set to be executed by lethal injection at Holman Correctional Facility on Nov. 17 after being convicted in the 1988 murder-for-hire killing of Elizabeth Dorlene Sennett, a 45-year-old grandmother and pastor’s wife. Smith’s attorney, Robert Grass, said Alabama’s lethal injection procedure creates the intolerable “risk of cruel and unusual punishment.” He also said the state has kept much of the process shrouded in secrecy, including the identities and qualifications of the people who connect the IV line to the inmate. Grass is seeking to obtain records from recent executions and to interview execution team members. Alabama is asking the judge to dismiss Smith’s lawsuit, arguing that courts have long upheld the constitutionality of lethal injection. Alabama last month called off the lethal injection of Alan Miller after being unable to access his veins. The state faced a midnight deadline to get the execution underway. Miller said in a court filing that prison staff poked him with needles for over an hour as they tried to find a vein. Miller’s attorneys are fighting the state’s effort to seek a new execution date for him. The July execution of Joe Nathan James Jr. was carried out three hours after the U.S. Supreme Court said the state could proceed. The state acknowledged that establishing the intravenous line took longer than expected. However, Reprieve US Forensic Justice Initiative, a human rights group that opposes the death penalty, has maintained the execution was botched. Witnesses to a private autopsy said that James’ body showed evidence that officials had attempted to perform a “cutdown,” a procedure in which the skin is opened to allow a visual search for a vein. They also speculated that he may have been given a sedative shot. The state said that a “cut down” is not part of their protocol and that James was not sedated. Hamm, speaking under oath during the Thursday hearing, told the judge that during Smith’s execution that the state will not use a “cut down” procedure and will not give any sort of sedative shot. Republished with the permission of The Associated Press.
Alabama seeks new execution date for Alan Miller
Alabama is asking a court to swiftly set a new execution date for an inmate who had his lethal injection called off last month after multiple failed attempts to connect an intravenous line to the man’s veins. The Alabama attorney general’s office, in the Tuesday court filing, asked the Alabama Supreme Court to set a new execution date for Alan Eugene Miller. The state did not give a timeframe but asked the justices to take the matter up before deciding a pending execution date request involving another inmate. The Alabama Department of Corrections attempted to put Miller to death on September 22, but officials called off the lethal injection after the execution team was unable to connect the intravenous line. The state faced a midnight deadline to get the execution underway before the death warrant expired. Miller, 57, was sentenced to death after being convicted of a 1999 workplace rampage in which he killed Terry Jarvis, Lee Holdbrooks, and Scott Yancy. Miller’s attorneys are expected to fight the effort to set a new execution date. U.S. District Judge R. Austin Huffaker Jr., at the request of Miller’s attorneys, ordered Alabama to preserve notes and medical materials from the failed execution attempt. Court documents have not disclosed exactly how long the state tried to connect an IV line to Miller. However, a lawyer for the prison system told Huffaker that there had been multiple attempts in the approximately 2.5 hours that elapsed between the U.S. Supreme Court clearing the way for the execution shortly after 9 p.m. and the state calling it off at about 11:30 p.m. “Due to the lateness of the hour, the Alabama Department of Corrections was limited in the number of attempts to gain intravenous access it could make. ADOC made the decision to halt its efforts to obtain IV access at approximately 11:30 p.m., resulting in the expiration of the court’s execution warrant,” the state attorney general’s office wrote in the request for a new date. This is at least the third time Alabama has acknowledged problems with venous access during a lethal injection. The state’s July execution of Joe Nathan James took more than three hours to get underway. Alabama called off the 2018 execution of Doyle Hamm after being unable to establish an intravenous line. Republished with the permission of The Associated Press.
Judge: State must preserve evidence from halted execution
A federal judge on Friday ordered Alabama to preserve records and medical supplies associated with a lethal injection attempt after the prison system acknowledged multiple attempts to access the inmate’s veins before calling off the execution. U.S. District Judge R. Austin Huffaker Jr. issued the order at the request of the inmate’s lawyers who are trying to gather more information about what happened during Alabama’s attempt to execute Alan Miller, 57. Miller was sentenced to death after being convicted of a 1999 workplace rampage in which he killed Terry Jarvis, Lee Holdbrooks, and Scott Yancy. The U.S. Supreme Court cleared the way for the execution shortly after 9 p.m. Thursday and state officials said they determined at about 11:30 p.m. that the could not start the execution by a midnight deadline. Huffaker ordered the Alabama Department of Corrections to locate and preserve all evidence related to the attempted execution, including notes, emails, texts, and used medical supplies such as syringes, swabs, scalpels, and IV-lines. He also granted a request from Miller’s attorney to visit him and photograph what they said are, “injuries from the attempted execution.” During a Friday morning hearing conducted by telephone conference, Huffaker asked the state what was going on in the almost 150 minutes that elapsed after the Supreme Court said the execution could proceed. An attorney for the state told the judge the execution team began preparations at about 10 p.m. and made multiple attempts to connect the IV line but she did not indicate exactly how long the state tried. They stopped trying to gain venous access at about 11:20 p.m, she said. Alabama Corrections Commissioner John Hamm told reporters early Friday morning that “accessing the veins was taking a little bit longer than we anticipated” and the state did not have sufficient time to get the execution underway by a midnight deadline. “Due to time constraints resulting from the lateness of the court proceedings, the execution was called off once it was determined the condemned inmate’s veins could not be accessed in accordance with our protocol before the expiration of the death warrant,” Hamm said. This is at least the third time Alabama has acknowledged problems with venous access during a lethal injection. The state’s July execution of Joe Nathan James took more than three hours to get underway. Alabama called off the 2018 execution of Doyle Hamm after being unable to establish an intravenous line. “The Alabama Department of Corrections verges somewhere between malpractice and butchery,” said Bernard Harcourt, a lawyer who represented Doyle Hamm. “What it demonstrates is we really shouldn’t be given this incompetent bureaucrats the power over life and death.” Miller’s execution was called off after a legal fight on whether the state lost Miller’s paperwork requesting a different execution method. When Alabama authorized nitrogen hypoxia as an execution method, state law gave inmates a brief window to request it. Miller testified at an earlier court hearing that he wanted nitrogen because he dislikes needles and medical staff often have trouble finding a blood vessel to draw blood. Republished with the permission of The Associated Press.
Appeals court blocks Alabama from lethally injecting Alan Miller
A federal appeals court on Thursday rejected Alabama’s attempt to proceed with the execution of an inmate who claims the state lost his paperwork selecting an alternative to lethal injection. In a 2-1 decision, the 11th U.S. Circuit Court of Appeals denied the state’s request to lift a recent injunction preventing the state from carrying out Thursday night’s scheduled execution of Alan Miller. The state is appealing the ruling to the U.S. Supreme Court, a spokesman for Alabama Attorney General Steve Marshall said. Miller, 57, was convicted of killing three people in a 1999 workplace rampage and was scheduled to die by lethal injection until the execution was blocked by a judge earlier this week. Miller testified that he turned in paperwork four years ago selecting nitrogen hypoxia as his execution method, putting it in a slot in his cell door for a prison worker to collect. U.S. District Judge R. Austin Huffaker Jr. issued a preliminary injunction blocking the state from killing Miller by any means other than nitrogen hypoxia. In refusing to lift the injunction, the appeals court on Thursday said it is “substantially likely” that Miller “submitted a timely election form even though the State says that it does not have any physical record of a form.” “Prison officials at Holman chose not to keep a log or list of those inmates who submitted an election form choosing nitrogen hypoxia,” the court said, finding that the state also did not demonstrate that it would “suffer irreparable harm” if the execution did not take place Thursday. Nitrogen hypoxia is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions. It is authorized as an execution method in three states, but no state has attempted to put an inmate to death by the untested method. Alabama officials told the judge they are working to finalize the protocol. When Alabama approved nitrogen hypoxia as an execution method in 2018, state law gave inmates a brief window to designate it as their execution method. “That the state is not yet prepared to execute anyone by nitrogen hypoxia does not mean it will harm the state or the public to honor Miller’s timely election of nitrogen hypoxia. By contrast, if an injunction does not issue, Miller will be irrevocably deprived of his choice in how he will die — a choice the Alabama Legislature bestowed upon him,” Huffaker wrote. The state argues there is no evidence to corroborate Miller’s testimony that he turned in the form. “Miller offers no evidence aside from a self-serving affidavit,” lawyers for the state wrote. Prosecutors said Miller, a delivery truck driver, killed co-workers Lee Holdbrooks and Scott Yancy at a business in suburban Birmingham and then drove off to shoot former supervisor Terry Jarvis at a business where Miller had previously worked. Each man was shot multiple times, and Miller was captured after a highway chase. Trial testimony indicated Miller believed the men were spreading rumors about him, including that he was gay. A psychiatrist hired by the defense found that Miller suffered from severe mental illness but also said Miller’s condition wasn’t bad enough to use as a basis for an insanity defense under state law. Republished with the permission of The Associated Press.
Alabama asks appeals court to let execution of Alan Miller go forward
Alabama is asking a federal appeals court to let it proceed with a lethal injection this week, arguing there is no evidence to corroborate the prisoner’s claim that he selected another execution method. Alabama Attorney General Steve Marshall on Tuesday asked the 11th U.S. Circuit Court of Appeals to lift an injunction blocking the execution of Alan Miller. Miller was sentenced to die after being convicted of killing three people in a 1999 workplace shooting. The lethal injection was scheduled for Thursday until it was blocked by a judge. Miller testified that in 2018 he turned in paperwork selecting nitrogen hypoxia as his execution method, and his lawyers maintain the state lost the form. U.S. District Judge R. Austin Huffaker Jr. issued a preliminary injunction blocking the state from by any means other than nitrogen hypoxia. The state argued in the court filing that there is no reliable evidence that Miller elected nitrogen hypoxia. “Miller offers no evidence aside from a self-serving affidavit,” lawyers for the state wrote. Nitrogen hypoxia is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions. Nitrogen hypoxia has been authorized as an execution method in Alabama, Oklahoma, and Mississippi, but no state has attempted to put an inmate to death by the untested method. When Alabama approved nitrogen hypoxia as an alternative execution method in 2018, state law gave inmates a brief window to designate it as their execution method. Miller, a delivery truck driver, was convicted in the 1999 workplace shootings that killed Lee Holdbrooks, Scott Yancy, and Terry Jarvis in suburban Birmingham. Miller shot Holdbrooks and Yancy at one business and then drove to another location to shoot Jarvis, evidence showed. Trial testimony indicated that Miller believed the men were spreading rumors about him, including that he was gay. A defense psychiatrist hired found that Miller suffered from delusions and severe mental illness, according to court documents, but he also said Miller’s condition wasn’t bad enough to use as a basis for an insanity defense under state law. Republished with the permission of The Associated Press.
Judge blocks upcoming lethal injection of Alan Miller in Alabama
A federal judge on Monday blocked Alabama from executing an inmate who says the state lost his paperwork requesting an alternative to lethal injection. U.S. District Judge R. Austin Huffaker, Jr. issued a preliminary injunction to block the state from executing Alan Miller on Thursday by any method other than nitrogen hypoxia, an untested method Miller says he requested but Alabama is not ready to use. Miller was sentenced to die after being convicted of killing three people in a 1999 workplace shooting. “Miller will likely suffer irreparable injury if an injunction does not issue because he will be deprived of the ability to die by the method he chose and instead will be forced to die by a method he sought to avoid and which he asserts will be painful,” Huffaker wrote. The injury will be, “the loss of his ‘final dignity’—to choose how he will die,” the judge added. The ruling blocks Alabama from carrying out the lethal injection that had been set for Thursday. However, the state might appeal the decision. The Alabama attorney general’s office did not immediately return an email seeking comment. Nitrogen hypoxia is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions. Nitrogen hypoxia has been authorized by Alabama and two other states for executions but has never used by a state to try to put an inmate to death. When Alabama approved nitrogen hypoxia as an alternative execution method in 2018, state law gave inmates a brief window to designate it as their execution method. Miller testified last week that he returned a state form selecting nitrogen on the same day it was distributed to inmates by a prison worker. He said he left it in the slot of his cell door for a prison worker to collect, but did not see who picked it up. Alabama prison officials say they have no record of Miller returning the form, and argued that Miller is just trying to delay his execution. Huffaker wrote that he can’t rule out the possibility that Miller is lying about selecting nitrogen in order to delay his looming execution, but said his testimony was credible. “It is substantially likely that Miller timely elected nitrogen hypoxia,” the judge wrote. The judge noted the possibility that Alabama might soon be able to use nitrogen. “From all that appears, the State intends to announce its readiness to conduct executions by nitrogen hypoxia in the upcoming weeks,” the judge wrote. The Alabama Department of Corrections told the judge last week that Alabama “has completed many of the preparations necessary for conducting executions by nitrogen hypoxia” but is not ready to implement it Miller, a delivery truck driver, was convicted in the 1999 workplace shootings that killed Lee Holdbrooks, Scott Yancy, and Terry Jarvis in suburban Birmingham. Miller shot Holdbrooks and Yancy at one business and then drove to another location to shoot Jarvis, evidence showed. A defense psychiatrist said Miller was delusional and suffered from severe mental illness but his condition wasn’t bad enough to use as a basis for an insanity defense under state law. Republished with the permission of The Associated Press.
Alabama must disclose status of nitrogen hypoxia executions
A federal judge told Alabama to stop being vague and give a firm answer by Thursday evening on if the prison system is ready to use the untested execution method of nitrogen hypoxia at an execution next week. U.S. District Judge R. Austin Huffaker, Jr. gave the state the deadline to file an affidavit or declaration, on whether the state could try to execute inmate Alan Miller by nitrogen hypoxia on September 22 if the use of lethal injection is blocked. The order came after the state dangled the possibility during a Monday court hearing of being ready to become the first state to attempt an execution with nitrogen hypoxia. Nitrogen hypoxia is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions. It’s authorized as an execution method in three states — Alabama, Oklahoma, and Mississippi — but has never been used. The state provided “vague and imprecise statements regarding the readiness and intent to move forward with an execution on September 22, 2022, by nitrogen hypoxia,” Huffaker said. The judge asked the state Monday whether it was ready to use the method at Miller’s execution. A state attorney replied that it was “very likely” it could use nitrogen hypoxia next week but said the state prison commissioner has the final decision. “On or before September 15, 2022, at 5:00 p.m. CDT, the defendants shall file an affidavit or declaration of Commissioner John Q. Hamm, Attorney General Steve Marshall, or other appropriate official with personal knowledge, definitively setting forth whether or not the Defendants can execute the Plaintiff by nitrogen hypoxia on September 22, 2022,” the judge wrote in a Tuesday order. Miller is seeking to block his scheduled execution by lethal injection, claiming prison staff lost paperwork he returned in 2018 choosing nitrogen hypoxia as his execution method. Miller testified Monday that he is scared of needles, so he signed a form selecting nitrogen hypoxia as his execution method. He said he left the form in his cell door tray for a prison officer to pick up. The state said there is no evidence to corroborate his claim. Miller, a delivery truck driver, was convicted in the 1999 workplace shootings that killed Lee Holdbrooks, Scott Yancy, and Terry Jarvis in suburban Birmingham. Miller shot Holdbrooks and Yancy at one business and then drove to another location to shoot Jarvis, evidence showed. A defense psychiatrist said Miller suffered from severe mental illness, but his condition wasn’t bad enough to use as a basis for an insanity defense under state law. Alabama lawmakers in 2018 approved legislation that authorized nitrogen hypoxia as an alternate execution method, although lethal injection would remain the primary method for carrying out death sentences. State law gave inmates a brief window to select nitrogen as their execution method. A number of inmates selected nitrogen. The Alabama Department of Corrections did not respond to an email seeking comment about the status of the proposed new execution method or what it would look like. The state has disclosed little information about the new execution method. The Alabama Department of Corrections told a federal judge last year that it had completed a “system” to use nitrogen gas but did not describe it. Republished with the permission of The Associated Press.
