Alabama Attorney General Steve Marshall announced on Monday that the state had reached a settlement agreement with Alan Miller, an inmate scheduled to be executed with nitrogen gas in September. The agreement comes after Miller filed a lawsuit seeking to block the state from using the same method that was used in the execution of Kenneth Smith earlier this year.
The terms of the settlement were not disclosed, but Miller had requested changes to the state’s nitrogen gas protocol, including the use of medical grade nitrogen, the supervision of gas flow by a trained professional, and the administration of a sedative before the execution. Marshall’s office touted the settlement as a victory for the use of nitrogen gas as an execution method, stating that it confirms the reliability and humanity of the process.
Miller, who was convicted of killing three men in a workplace shooting rampage in 1999, had raised concerns about the use of nitrogen gas following witness descriptions of Smith’s execution, which reportedly involved spasms and shaking. Despite this, Marshall’s office emphasized that Miller’s execution will proceed as planned in September.
The settlement was filed just before a federal judge was set to hold a hearing on Miller’s request to block his execution. By entering into the agreement, the state avoided a public hearing on the matter. Alabama has previously attempted to execute Miller by lethal injection but called it off after encountering difficulties, leading to the decision to use nitrogen gas for his execution.
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