Alabama inmate says state lost form naming execution method

Aug 25, 2022, 6:55 PM | Updated: 6:57 pm

MONTGOMERY, Ala. (AP) — An Alabama inmate scheduled to be put to death by lethal injection next month says the state lost the paperwork he turned in selecting an alternate execution method.

Alan Eugene Miller, 57, is set to be put to death Sept. 22 for a 1999 workplace shooting rampage that killed three men.

When Alabama approved nitrogen hypoxia as an alternative execution method in 2018, state law gave inmates a brief window to designate it as their execution method. In a federal lawsuit filed Monday, attorneys argued Miller turned in a form selecting nitrogen, but the state lost it. They are seeking to block the lethal injection from going forward.

“If the State had not lost Mr. Miller’s form, Mr. Miller would otherwise be executed by nitrogen hypoxia,” his attorneys wrote in the court filing seeking to block his execution by lethal injection.

Alabama has not yet developed a system for using nitrogen to carry out executions so the state isn’t setting execution dates for inmates who choose that untested method. Miller signed a sworn statement saying that he had given the form to a corrections officer.

“I gave my signed form to the correctional officer who was collecting the forms,” the affidavit stated. MIller said he asked the officer for a copy of the form and the officer refused.

Lawyers for Miller raised the issue with the Alabama Supreme Court when the state sought an execution date. Holman Warden Terry Raybon submitted an affidavit saying the prison had no record of Miller’s form.

Attorneys for Miller said the Alabama attorney general’s office recently withdrew an execution date request for another inmate after his lawyers provided proof that the inmate had selected nitrogen hypoxia. The inmate said he signed two copies of the election form, giving one to his lawyers and another to a prison employee, but the state said it had no record of it.

Miller, a delivery truck driver, was convicted in the workplace shootings that killed Lee Holdbrooks, Scott Yancy and Terry Jarvis. Prosecutors said Miller killed Holdbrooks and Yancy at one business and then drove to another location to shoot Jarvis. Each man was shot multiple times.

Jurors convicted Miller after 20 minutes of deliberation and then recommended a death sentence, which a judge imposed.

Testimony indicated that Miller was delusional and believed the men were spreading rumors about him, including that he was gay. A defense psychiatrist hired for the trial found that Miller suffered from severe mental illness, according to court documents, but he also said Miller’s condition wasn’t bad enough to use as a basis for an insanity defense under state law.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - Chinese President Xi Jinping waves at an event to introduce new members of the Politburo Sta...
Associated Press

China’s Xi faces public anger over draconian ‘zero COVID’

SHANGHAI (AP) — Barely a month after granting himself new powers as China’s potential leader for life, Xi Jinping is facing a wave of public anger of the kind not seen for decades, sparked by his draconian “zero COVID” program that will soon enter its fourth year. Demonstrators poured into the streets over the weekend […]
2 hours ago
In this photo released by Xinhua News Agency, from left, Chinese astronauts for the upcoming Shenzh...
Associated Press

China rocket taking 3 to space station to blast off Tuesday

BEIJING (AP) — A rocket carrying three astronauts to finish building China’s space station will blast off Tuesday amid intensifying competition with the U.S., the government said Monday, The crew includes a veteran of a 2005 space mission and two first-time astronauts, according to the China Manned Space Agency. The Shenzhou-15 mission will take off […]
2 hours ago
A passerby tries to pass through a protest in Beijing, Sunday, Nov. 27, 2022. Protesters angered by...
Associated Press

China affirms zero-COVID stance, eases rules after protests

BEIJING (AP) — Authorities eased anti-virus rules in scattered areas but affirmed China’s severe “zero- COVID” strategy Monday after crowds demanded President Xi Jinping resign during protests against controls that confine millions of people to their homes. The government made no comment on the protests or criticism of Xi, the most widespread display of opposition […]
2 hours ago
FILE - Ukraine's President Viktor Yushchenko talks with US President George W.Bush, at the NATO Sum...
Associated Press

14 years on, NATO to renew a vow to Ukraine

BUCHAREST (AP) — NATO returns on Tuesday to the scene of one of its most controversial decisions, intent on repeating its vow that Ukraine — now suffering through the 10th month of a war against Russia — will join the world’s biggest military alliance one day. NATO foreign ministers will gather for two days at […]
2 hours ago
This photo mad available by Ukrainian doctor Oleh Duda shows the moment when lights at a hospital w...
Associated Press

Surgeons work by flashlight as Ukraine power grid battered

KHERSON, Ukraine (AP) — Dr. Oleh Duda, a cancer surgeon at a hospital in Lviv, Ukraine, was in the middle of a complicated, dangerous surgery when he heard explosions nearby. Moments later, the lights went out. Duda had no choice but to keep working with only a headlamp for light. The lights came back when […]
2 hours ago
Sheree Perry of Virginia Beach, center, prays with chaplains at a memorial on Friday, Nov. 25, 2022...
Associated Press

City to hold vigil honoring those killed in Walmart shooting

CHESAPEAKE, Va. (AP) — The city of Chesapeake, Virginia, has scheduled a candlelight vigil for Monday evening that will honor and remember the victims of last week’s mass shooting at a Walmart store. Six employees were killed and six people were wounded by a store supervisor late Tuesday night in the city of about 250,000 […]
1 day ago

Sponsored Articles

...
Quantum Fiber

How high-speed fiber internet edges out cable for everyday use

In a world where technology drives so much of our daily lives, a lack of high-speed internet can be a major issue.
...
Children’s Cancer Network

Children’s Cancer Network celebrates cancer-fighting superheroes, raises funds during September’s Childhood Cancer Awareness Month

Jace Hyduchak was like most other kids in his kindergarten class: He loved to play basketball, dress up like his favorite superheroes and jump as high as his pint-sized body would take him on his backyard trampoline.
...
Day & Night Air Conditioning, Heating and Plumbing

Here are 4 signs the HVAC unit needs to be replaced

Pool renovations and kitchen upgrades may seem enticing, but at the forefront of these investments arguably should be what residents use the most. In a state where summertime is sweltering, access to a functioning HVAC unit can be critical.
Alabama inmate says state lost form naming execution method