Alabama is gearing up to carry out the execution of Alan Miller, a convicted murderer, marking only the second instance of nitrogen asphyxiation as a method of capital punishment in the state. Alabama took the lead in this controversial approach back in January.
The 65-year-old Miller was found guilty for his involvement in the tragic 1999 killings of three men, including two of his colleagues, during a violent outburst at two separate office locations in Pelham, Alabama.
Earlier this year, Kenneth Smith also faced execution by nitrogen asphyxiation in Alabama; this incident represented a historic transition from lethal injections, which have been the primary method of state-sanctioned execution for around forty years.
The state has touted its new execution protocol as “the most painless” method available, predicting that Smith would fall unconscious almost immediately, followed by suffocation as pure nitrogen flowed through a respirator mask designed for industrial safety, fitted snugly to his face.
However, the administration of President Joe Biden, who has expressed a clear desire to eliminate the death penalty, voiced its “deep concern” regarding this newly adopted method. High-ranking officials from the United Nations Human Rights Council have condemned the practice, arguing that it could be likened to torture or cruel and inhumane treatment.
In defense of the technique, Alabama’s Attorney General, Steve Marshall, referred to Smith’s execution as a “textbook” example of how the process should unfold.
Following Smith’s execution, Miller chose to challenge Alabama’s protocols, questioning whether the asphyxiation method could infringe upon the constitutional prohibition against cruel and unusual punishments. He sought guarantees that the respirator mask would be appropriately fitted, and its seal tested, to prevent any oxygen infiltration that could prolong his demise or leave him in a state of surviving brain damage.
Miller’s legal efforts ultimately concluded with a confidential settlement, and his execution is set to take place at 6 PM local time (midnight EU time) at the Holman Correctional Facility located in Atmore, Alabama.
Despite inquiries, the Alabama Department of Corrections has chosen not to disclose whether there have been any alterations to their nitrogen gassing protocols since the initial executions.
The state has also offered its expertise to other jurisdictions looking to adopt nitrogen asphyxiation, touting it as a simpler alternative amid nationwide challenges in sourcing drugs for lethal injections.
Advocacy groups opposed to capital punishment have long pressured pharmaceutical companies to restrict the use of their products for execution purposes. Recently, they have shifted their focus to suppliers of nitrogen gas and manufacturers of the masks used, like Allegro Safety, from whom Alabama acquired its execution equipment.
Stephanie Boucher, a representative for Allegro’s parent company, Walter Surface Technologies, based in Connecticut, declined to comment on the company’s involvement in these lethal procedures.
Meanwhile, a spokesman for Onex Corp, which holds a majority stake in Walter Surface, has not responded to requests for comments regarding this sensitive issue. It remains an ongoing conversation, pitting ethical concerns against the mechanics of capital punishment in modern America.
Edited by: Ali Musa
Axadle international–Monitoring
