Alabama to move forward with nitrogen gas execution in September after lawsuit settlement

MONTGOMERY, Ala. (AP) — Alabama’s attorney general said Monday that another nitrogen gas execution will go forward in September after the state reached a settlement agreement with the inmate slated to be the second person put to death with the new method.

Alabama and attorneys for Alan Miller, who was convicted of killing three men, reached a “confidential settlement agreement” to end litigation filed by Miller, according to a court document filed Monday. Miller’s lawsuit cited witness descriptions of the January execution of Kenneth Smith with nitrogen gas as he sought to block the state from using the same protocol on him.

The court records did not disclose the terms of the agreement. Miller had suggested several changes to the state’s nitrogen gas protocol, including the use of medical grade nitrogen, having a trained professional supervise the gas flow and the use of sedative before the execution. Will Califf, a spokesman for Alabama Attorney General Steve Marshall said he could not confirm if the state had agreed to make changes to execution procedures.

“Miller entered into a settlement on favorable terms to protect his constitutional right to be free from cruel and unusual punishments,” Mara E. Klebaner, an attorney representing Miller wrote in an email Monday night.

<bsp-list-loadmore data-module="" class=«PageListStandardB» data-gtm-region=«RELATED COVERAGE» data-gtm-topic=«No Value» data-show-loadmore=«true»