Alabama could be ready to use a new, untried execution method to carry out a death sentence later this month
FILE - This undated photograph provided by the Alabama Department of Corrections shows inmate Alan Eugene Miller, who was convicted of capital murder in a workplace shooting rampage that killed three men in 1999. Miller, scheduled to be put to death by lethal injection on Sept. 22, 2022, says the state lost the paperwork he turned in selecting an alternate execution method. MONTGOMERY, Ala.
The final decision on whether to use the new method is up to Corrections Commissioner John Hamm, he said, and litigation is likely. Convicted in a triple killing in 1999, Miller is trying to block his execution at Holman Prison. The disclosure about the possibility of using the new method came during a court hearing on Miller's claim that prison staff several years ago lost his paperwork. In it, he requested nitrogen as his execution method rather than lethal injection.
Miller’s lawyer, Mara Klebaner, said the inmate's legal team needed more information about the nitrogen process and wouldn’t agree blindly to its use. Miller's lawyers don't want him to be the test case for an untried execution method, she said.Miller, a delivery truck driver, was convicted in workplace shootings that killed Lee Holdbrooks, Scott Yancy and Terry Jarvis in suburban Birmingham.
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