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Alabama is preparing to use a novel protocol for executing inmates with nitrogen hypoxia. Nitrogen hypoxia will reportedly be used to execute Alan Eugene Miller, who was convicted of killing three men in a workplace shooting in 1999.
In a court hearing held on September 11, Miller tried to block his execution by claiming lost paperwork, in which he opted for nitrogen hypoxia instead of lethal injection, as he had an abject fear of the latter, CBS News reported.
In August, Miller filed a lawsuit against Holman Correctional Facility when the state set a date for his execution in April by lethal injection.
According to USA Today, during the hearing, attorney James Houts mentioned that the state is almost ready with its protocol for Miller’s execution set for September 22. He said that it was “very likely” that Nitrogen Hypoxia would be used as a method of execution. However, the final decision lies with Alabama corrections Commissioner John Hamm.
Nitrogen Hypoxia is viewed as highly unreliable and might violate the Eighth Amendment
Nitrogen Hypoxia or Inert gas asphyxiation is a method used to deprive the body of oxygen by lowering it to a dangerous level, where the brain and blood cells are devoid of oxygen, leading to inevitable death.
During the process, the prisoner will breathe pure nitrogen, which will deprive the body of oxygen and lead to asphyxiation.
Oxygen is necessary for the human body to function at an optimal level. While nitrogen is not a harmful gas, it can only be inhaled when mixed with sufficient amounts of oxygen.
States must develop a safe way to administer nitrogen because any oversight will violate the Eighth Amendment’s ban against cruel and unusual punishment.
In 2018, Alabama became the third state to adopt Nitrogen hypoxia as an execution method. While Oklahoma and Mississippi had previously authorized the method as an alternative to lethal injections, they have yet to use it to execute death row inmates, since neither of the states has developed a safe protocol for its administration.
Miller’s attorney believes that the state is rushing the execution process
Miller’s lead attorney, Mara Klebaner, had concerns that the state would be “rushing” the process if it were to execute Miller with nitrogen hypoxia, USA Today reported. She said:
“We believe it is very inappropriate to rush that process. We have no visibility on this side of things.”
However, the state maintains that they have put in significant time and effort to ensure a safe protocol for the use of nitrogen hypoxia.
In 2021, Alabama prosecutors said the state was almost ready to perform executions using an untested method with the help of nitrogen hypoxia.
The Alabama Attorney General’s office said:
“Once the build is completed, a safety expert will make a site visit to evaluate the system and look for any points of concern that need to be addressed.”
This will be the first time the state of Alabama has used the untried method for executions. While Nitrogen Hypoxia has been proposed, it hasn't been finalized as a method to execute Miller.
