Alabama could be first to use nitrogen hypoxia for upcoming execution

State may try new method for next execution
Published: Sep. 13, 2022 at 10:42 PM CDT
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BIRMINGHAM, Ala. (WBRC) - A man convicted in a Shelby County workplace shooting in the late 90s is set to be executed next week. The state may become the first in the country to use an untried method to carry out the death sentence.

The Deputy Attorney General for Alabama told a federal judge yesterday in Montgomery that its “very likely” that nitrogen hypoxia could be available for Alan Eugene Miller’s execution.

We’re told nitrogen hypoxia is supposed to cause death by replacing oxygen with nitrogen. It’s been authorized by Alabama and two other states but never used.

Miller says he chose that method of execution in 2018 but the state says he did not. Miller filed a federal lawsuit claiming the state lost his form. We found out in a hearing Monday that the state is nearly ready with this untried execution method. Governor Ivey reacted in Mobile Tuesday when asked about it.

Reporter: “Are you confident the Department of Corrections is prepared to do that and are you expecting them to release any protocols on how to go about doing it?”

“All of that is a part of a court process right now and I’m going to trust the courts,” Ivey said.

We’re still waiting on the judge’s ruling in the hearing. Miller was convicted of killing three men in a workplace shooting rampage in 1999 in Shelby County.


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