Alabama Attorney General Steve Marshall announced that the State of Alabama has settled a lawsuit, allowing the execution of convicted murderer Alan Miller to proceed as scheduled in September. Miller had challenged the method of execution, which Alabama used for the first time in January this year. After months of discovery and review of key documents, Miller agreed to settle with the State. The terms remain confidential, but Miller's lawsuit will be dismissed with prejudice.
“The resolution of this case confirms that Alabama’s nitrogen hypoxia system is reliable and humane,” said Attorney General Marshall. “Miller’s complaint was based on media speculation that Kenneth Smith suffered cruel and unusual punishment in the January 2024 execution, but what the State demonstrated to Miller’s legal team undermined that false narrative. Miller’s execution will go forward as planned in September.”
In January, Alabama became the first state to use nitrogen gas as a method of execution when it executed Kenneth Smith for the 1988 murder-for-hire slaying of Elizabeth Sennett. Although Miller sued in 2022 to ensure his method of execution would be nitrogen hypoxia, he later asked a federal court to change its protocol again. His complaint relied on news reports, an unsworn statement by Smith’s lawyer, and claims by Smith’s spiritual advisor that Smith appeared uncomfortable during his execution.
The State responded that Smith held his breath; much reporting wrongly attributed Smith’s early movements to nitrogen gas. Dr. Phillip Nitschke explained: If Smith had “taken deep breaths … he would almost certainly have lost consciousness and died much sooner.” Other eyewitnesses, including Mrs. Sennett’s son Mike Sennett, agreed that Smith seemed to be holding his breath.
After dismissing most claims, a federal court allowed Miller to obtain discovery based on a single claim deemed “just barely” sufficient to proceed. Now, after concluding discovery, Miller has agreed to settle and dismiss all claims without a hearing.
Miller has spent over two decades on death row for the "execution style" murders of Lee Holdbrooks, Scott Yancey, and Terry Lee Jarvis on August 5, 1999. He had worked with each victim before and believed they spread rumors about him. The sentencing court described the murders as “calculated, premeditated and callous,” noting they were among the worst in memory and well beyond what is required for capital punishment.
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