An Alabama inmate seeking to block the state’s attempt to make him the second person put to death by nitrogen gas has filed a lawsuit arguing the first nitrogen execution was “botched” and caused cruel and prolonged suffering.
Attorneys for Alan Eugene Miller, who survived a 2022 lethal injection attempt, filed the lawsuit last month in federal court in which they challenged the execution method of nitrogen hypoxia and asked a judge to prevent a potential execution by nitrogen gas from going forward.
Miller’s attorneys argued that the first nitrogen execution in January left Kenneth Smith shaking and convulsing on a gurney as he was put to death. The suit argued that it would be a violation of the ban on cruel and unusual punishment to put him to death using the same protocol, which used a mask to deliver the nitrogen gas. They also argued the state is seeking to execute Miller to “silence” him in retaliation for speaking out about his failed lethal injection attempt, calling that a violation of his free speech and due process rights.
This is Alan Miller’s story: He was sentenced to death after being convicted of a 1999 workplace rampage in which he killed Terry Jarvis, Lee Holdbrooks and Scott Yancy. Miller, a delivery truck driver, was convicted in the fatal workplace shootings of the three men. Prosecutors said Miller killed Holdbrooks and Yancy at one business and then drove to another location where he shot Jarvis. Each man was shot multiple times. Testimony at Miller’s trial indicated Miller was delusional and believed the men were spreading rumors about him. Jurors convicted Miller of the crime after 20 minutes of deliberation and then recommended a death sentence, which a judge imposed.
A spokeswoman for Alabama Attorney General Steve Marshall did not immediately respond to a text message seeking comment on the lawsuit. In February, Marshall’s office asked the Alabama Supreme Court to set an execution date for Miller using nitrogen gas. The court has not yet ruled on the request.
