Alan Miller, sentenced to die for a 1999 workplace shooting, says he requested to be executed by nitrogen hypoxia but that the state lost his paperwork request.
by Alabama and two other states for executions 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 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. Miller described how he disliked needles because of painful attempts at drawing blood. He said the nitrogen method reminded him of the nitrous oxide gas used at dentist offices, and that seemed better than lethal injection.
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.
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.
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