MONTGOMERY, Ala. (AP) — An Alabama inmate seeking to block the state's attempt to make him the second person put to death by nitrogen gas has filed a lawsuit arguing the first execution under the new method was “botched' and caused cruel and prolonged suffering.
MONTGOMERY, Ala. — An Alabama inmate seeking to block the state’s attempt to make him the second person put to death by nitrogen gas has filed a lawsuit arguing the first execution under the new method was “botched” and caused cruel and prolonged suffering., filed the lawsuit Friday in federal court in which they challenged the execution method and asked a judge to prevent a potential execution from going forward.as he was put to death.
In February, Marshall’s office asked the Alabama Supreme Court to set an execution date for Miller using nitrogen gas. The court has not yet ruled on the request. Miller is scheduled to file a response with the court this week. Miller was sentenced to death after being convicted of a 1999 workplace rampage in which he killed Terry Jarvis, Lee Holdbrooks and Scott Yancy.
Miller said that during the aborted 2022 lethal injection attempt, prison staff poked him with needles for over an hour as they tried to find a vein and at one point left him hanging vertically as he lay strapped to a gurney.
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