Alabama could be ready to use a new, untried execution method called nitrogen hypoxia to carry out a death sentence later this month, a state attorney told a federal judge Monday.
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.Houts told the judge the state had gone as far as to see if Miller would agree to be fitted with a mask for use of nitrogen, but the inmate declined.
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.
Miller was delusional and believed the men were spreading rumors about him, including that he was gay, testimony showed. A defense psychiatrist said Miller 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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