Skip to main content

Alabama halts execution at last minute on Thursday after determining it could not be completed by a midnight deadline, officials say

The state of Alabama halted the execution of an inmate Thursday evening due to an inability to meet protocols before a midnight deadline, officials say.

Alan Eugene Miller was scheduled to be executed by lethal injection after a US Supreme Court ruling earlier Thursday vacated a lower court injunction. But officials were unable to access Miller's veins within certain time limits, according to AL.com.

"Due to the time constraints resulting in the lateness of the court proceedings, the execution was called off once it was determined the condemned's veins could not be accessed in accordance with our protocol before the expiration of the death warrant," said Alabama Department of Corrections Commissioner John Hamm, according to AL.com. Miller has been returned to his cell on death row, Hamm said.

Miller was sentenced to death for the 1999 murders of his former and contemporary co-workers, Lee Michael Holdbrooks, Christopher S. Yancy and Terry Lee Jarvis, each of whom was fatally shot. A forensic psychiatrist who testified for Miller's defense determined he was mentally ill and suffering a delusional disorder, leading him to believe the victims were spreading rumors about him. The psychiatrist concluded, however, that Miller's mental illness didn't meet the standards for an insanity defense in Alabama.

Hamm met with the victims' families to notify them of the cancellation before meeting with the press, Gov. Kay Ivey said in a statement obtained by CNN.

"Despite the circumstances that led to the cancellation of this execution, nothing will change the fact that a jury heard the evidence of this case and made a decision. It does not change the fact that Mr. Miller never disputed his crimes. And it does not change the fact that three families still grieve," Ivey said.

The execution "will be reset at the earliest opportunity," according to the statement.

On Monday, a federal district court judge had blocked the state from putting Miller to death by any method other than nitrogen hypoxia -- an execution method never before used in the US that critics and experts say has yet to be proven humane or effective despite the claims of its proponents, who argue it could be safer, easier and cheaper than lethal injection.

The order came after Miller sued the commissioner of the Alabama Department of Corrections, the state attorney general and his warden, alleging corrections officials were moving to execute him by lethal injection after losing paperwork in which he claimed to have chosen to die by breathing nitrogen gas.

The failure to honor his request, Miller's complaint said, violated his constitutional rights.

State officials -- who suggested Miller made no such choice and that they had no record of his preference -- indicated in court filings they were not ready to use nitrogen hypoxia, which Alabama approved as an alternative execution method in 2018.

The department had "completed many of the preparations necessary for conducting executions by nitrogen hypoxia," but its protocol was "not yet complete," it told CNN last week in a statement. "Once the nitrogen hypoxia protocol is complete, (department) personnel will need sufficient time to be thoroughly trained before an execution can be conducted using this method."

SCOTUS vacated injunction stopping execution


State officials appealed the district court judge's order, asking the US Court of Appeals for the Eleventh Circuit to allow it to move ahead with Miller's execution by lethal injection.

The Eleventh Circuit upheld the lower court's order, writing in a 32-page ruling that the district court had found it was "substantially likely that Mr. Miller submitted a timely election form even though the State says that it does not have any physical record of a form."

"The State does not challenge that factual finding, and has completely failed to argue (much less show) that it will suffer irreparable harm," the order said.

State officials appealed to the US Supreme Court, which in a Thursday night order ruled the execution could move forward.

The claims of those who back executions by nitrogen gas might sound appealing, considering states' continued problems obtaining the drugs for lethal injections and with recent executions deemed botched, either because an inmate suffered inordinately or because the process deviated from officials' prescribed protocol.

But critics and experts reject those arguments, saying there is no proof executions by nitrogen hypoxia would adhere to inmates' constitutional protection against cruel and unusual punishment because it has never been used and could never be ethically tested.

But inmates like Miller are opting for the unproven method due to concerns over the level of pain they might suffer during lethal injection, Robert Dunham, of the Death Penalty Information Center, told CNN: "They are opting for a method that they hope will not be torturous over a method that they are certain will be torturous."

📢 Follow Death Penalty News on TELEGRAM

Source: CNN, Tina Burnside and Dakin Andone, September 23, 2022





🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.




Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin.  Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Hanging, confinement and the sentencing debate India won’t have

Ask anybody what a “death sentence” in India actually means, and the honest answer is that it can mean three quite different things. It can mean the noose—hanging by the neck until death; it can mean permanent confinement in jail—a term the courts now call imprisonment for the remainder of one’s natural life, and, far more often than either of the first two, it can simply mean delay in delivery of justice—a death sentence that is neither carried out nor commuted, waiting for completion of investigation, trial before the sessions court, hearing of a confirmation proceeding in a high court, appeal against conviction in the Supreme Court, or hearing of a mercy petition nobody has decided for years, sometimes for decades, until age or illness does what the state never got around to doing itself.