Alabama’s attorney general said 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, the Associated Press reports. 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. 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,” said Mara Klebaner, an attorney for Miller. Marshall described the settlement as a victory for the use of nitrogen gas as an execution method. His office said it will allow Miller’s execution to be carried out in September with nitrogen gas. “The resolution of this case confirms that Alabama’s nitrogen hypoxia system is reliable and humane,” Marshall said. “Miller’s complaint was based on media speculation that Kenneth Smith suffered cruel and unusual punishment in the January 2024 execution, but what the state demonstrated to Miller’s legal team undermined that false narrative. Miller’s execution will go forward as planned in September.”
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