AL agrees to stop trying to lethally inject a death row inmate

BIRMINGHAM, Ala. (WBRC) - The state of Alabama agreed Tuesday to stop trying to execute death row inmate Alan Eugene Miller using lethal injection as part of an agreement to end a federal lawsuit Miller filed after what his attorneys described as a “botched execution attempt” in late September.

Attorney General Steve Marshall and the AL Dept. Of Corrections Commissioner are now agreeing to only attempt to execute Miller’s death sentence using nitrogen hypoxia, a method only approved in 3 states and so far unused in any execution.

Miller was set to be executed Sept. 22 for killing three people in a workplace shooting spree in 1999.

With time running out, Miller’s execution by lethal injection was called off at 11:30 p.m. after Holman Prison officials were unable to find access to his veins.

In the lawsuit, Miller said he was poked and prodded for 90 minutes in what his attorneys described as a “botched” execution.

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