Sept 26 (Reuters) - Alabama is planning to execute
convicted murderer Alan Miller on Thursday in the second ever
nitrogen-asphyxiation execution since the state pioneered the
method in January.
Miller, 65, was convicted for the 1999 murders of three men,
including two co-workers, in a shooting spree at two offices in
Pelham, Alabama.
In January, Alabama executed Kenneth Smith, also convicted
of murder, by nitrogen asphyxiation, the first use of a new
execution method since lethal injections began in the U.S. four
decades ago.
The state called its new protocol "the most painless"
execution method yet, and predicted that Smith would lose
consciousness and suffocate within a few seconds of pure
nitrogen flowing through an industrial-safety respirator mask
strapped to his face.
That did not happen. Multiple witnesses, including five
journalists and members of Smith's family, saw Smith heaving
against his restraints and convulsing as the nitrogen flowed,
and it appeared to take him several minutes to lose
consciousness.
The administration of U.S. President Joe Biden, a Democrat
who promised to abolish the death penalty, said it was "deeply
troubled" by the new method. It has been condemned by senior
U.N. human rights officials, who say it may amount to torture or
cruel and inhuman treatment.
Alabama has defended the method, with Attorney General Steve
Marshall calling Smith's death a "textbook" execution.
After Smith's execution, Miller sued Alabama over fears its
asphyxiation method could violate a constitutional ban on cruel
and unusual punishments. He sought assurances that the mask
would be properly fitted and that its seal be tested to ensure
no oxygen seeps in, prolonging his death or even averting it
entirely and leaving him alive with brain damage.
His litigation ended in a confidential settlement, and his
execution is scheduled for 6 p.m. at the Holman Correctional
Facility in Atmore, Alabama. The Alabama Department of
Corrections has declined to say if it made any changes to its
gassing protocol.
Alabama has offered to help others adopt
nitrogen-asphyxiation executions, saying they are a simpler
alternative for states struggling to find lethal-injection
drugs.
Advocacy groups against capital punishment have long
pressured pharmaceutical companies to forbid their drugs be used
in executions, and have turned their attention to nitrogen
suppliers and mask makers, including the maker of the Allegro
Safety mask Alabama acquired for its executions.
Stephanie Boucher, a spokesperson for Allegro's parent
company Walter Surface Technologies in Connecticut, said the
company will not comment on the use of its masks in executions.
A spokesperson for Canadian private equity firm Onex Corp ( ONEXF )
, which has a majority stake in Walter Surface, did not
respond to requests for comment.