MONTGOMERY, Ala. — Lawyers for an Alabama inmate on Friday asked a judge to block the nation’s second scheduled execution using nitrogen gas, arguing the first was a “horrific scene” that violates the ban on cruel and unusual punishment.
“The execution was a disaster. Multiple eyewitnesses reported a horrific scene, where Mr. Smith writhed on the gurney and foamed at the mouth. Instead of examining potential deficiencies with their protocol, the State has shrouded it in secrecy,” his attorneys said. Miller was convicted of capital murder for killing three men during a 1999 workplace shooting. Prosecutors said Miller, a delivery truck driver, killed coworkers Lee Holdbrooks and Scott Yancy at a business in suburban Birmingham and then drove off to shoot former supervisor Terry Jarvis at a business where Miller had previously worked.
Miller had previously argued nitrogen gas should be his execution method. Miller was scheduled to be executed by lethal injection in 2022, but the state called off the execution after being unable to connect an IV line to the 351-pound inmate. The state agreed to never try again to execute Miller by lethal injection and that any execution would be carried out by nitrogen gas. At the time, the state had not developed a protocol for using nitrogen gas.
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