Alabama officials on Thursday postponed the lethal injection of a man convicted of a 1999 workplace shooting, citing issues with timing and access to the inmate’s veins.
Alabama State Penitentiary Commissioner Jon Hamm has announced that the scheduled execution of Alan Miller has been called off after he determined that the lethal injection could not begin before midnight.
Prison officials made the decision around 11:30 p.m.
The last-minute adjournment came about three hours after the split Supreme Court allowed executions to begin.
“Due to time constraints resulting from judicial delays, the execution was suspended when it was determined that the veins of those on death row could not be accessed in accordance with our protocol before the death warrant expired. ’ said Ham. Enforcement forces have begun attempting to establish venous access, but it is uncertain how long this will last.
Miller was returned to a regular cell in a South Alabama prison.
Miller was sentenced to death after killing three people in a workplace attack in 1999.
The ruling, 5 to 4, overturned an injunction issued by a federal judge and upheld by the 11th Court of Appeals blocking Miller’s execution. Miller’s attorneys say the state lost documents requesting that his execution be carried out under the nitrogen hypoxia method. This method is legally available, but has never been used in the United States.
When Alabama approved nitrogen hypoxia as an execution method in 2018, state law gave inmates a short window to designate it as an execution method.
Miller testified that four years ago he had submitted papers selecting nitrogen hypoxia as the method of execution, placed the papers in the cell door slot at the Holman Correctional Center, and had prison officers receive them.
U.S. District Judge R. Austin Huffaker Jr. ruled Tuesday that Miller “probably turned in his election papers in a timely manner, even though the state says he has no physical record,” issued a provisional injunction barring Miller from being killed by any method other than nitrogen hypoxia.
Prosecutors say Miller, a delivery truck driver, murdered his co-workers Lee Holdbrooks and Scott Yancey at a business office outside Birmingham, and killed his former boss at the business where Miller previously worked announced that he had shot and killed Terry Jarvis.
Each man was shot multiple times and Miller was caught after a road chase.
Leave a Reply