Unredacted Documents Illuminate Key Details of Alabama’s First Nitrogen Gas Execution

Recently unredacted documents filed by Alabama officials in the federal court's electronic filing system have brought to light crucial information about the nation’s first execution by nitrogen gas, carried out in January. These documents reveal the identity of the state’s execution captain, his observations within the death chamber, and the concerns voiced by another inmate scheduled for execution by the same method.

Incident Overview

The newly disclosed documents provide an unprecedented look into Alabama’s previously confidential execution procedures. The filings pertain to a pending capital case involving Alan Eugene Miller, who survived a failed lethal injection attempt in 2022 and is scheduled for execution by nitrogen gas in September. Miller’s federal lawsuit, filed in March, seeks to halt his execution, citing past failures with lethal injection and expressing fears that nitrogen hypoxia would inflict undue pain and extend the time to death.

Details from Depositions

Among the key documents is a transcript from Miller’s deposition on July 10. During this deposition, Miller expressed significant concerns regarding the execution team’s ability to properly fit a mask designed for breathing nitrogen gas. Weighing 350 pounds, Miller questioned the execution team’s training and suggested that a medical professional, rather than the execution captain, should be responsible for fitting the mask. Miller also shared his past experiences with ill-fitting masks, expressing doubts that a mask would adequately fit his large head.

State’s Response and Confidentiality Issues

The Alabama Attorney General’s office and the Department of Corrections are aware of the release of these unredacted documents but have declined to comment. A motion filed earlier this week seeks to seal specific elements of the filings, arguing that the disclosure of deposition testimonies from the execution team—which includes highly confidential information—poses risks of harassment and threats. The state’s attorneys have requested permission to file a redacted version of their response while keeping the unredacted documents sealed.

Execution by Nitrogen Gas

On January 25, Alabama executed Kenneth Smith using nitrogen hypoxia, a method involving the inhalation of nitrogen gas through a mask that deprives the individual of oxygen. This execution marked the first use of nitrogen hypoxia in the United States. Like Miller, Smith had previously survived an unsuccessful lethal injection attempt in 2022 due to difficulties in locating a suitable vein.

Medical experts had raised concerns that even slight oxygen levels in the nitrogen-filled mask could lead to a prolonged and agonizing death. Eyewitnesses reported observing Smith violently thrashing while restrained on the execution table. The state has contested claims that these movements were caused by oxygen leaking into the mask, suggesting instead that Smith could have lost consciousness more rapidly had he cooperated by taking deep breaths.

Legal and Expert Opinions

Miller’s deposition also highlighted the state’s legal team’s assertion that a medical expert for Smith had suggested the inmate might have lost consciousness sooner had he cooperated with the execution process. Miller criticized this reasoning, likening it to being instructed to “practice killing myself,” and underscored the illogical nature of expecting cooperation while being executed.

Dr. Philip Bickler, a professor of anesthesia and perioperative care at the University of California, San Francisco, and co-author of the 2024 study “Evidence Against Use of Nitrogen for the Death Penalty,” provided expert testimony challenging the state’s protocol. Dr. Bickler contended that the state's procedures do not guarantee an airtight seal of the mask and argued that the signs of distress observed in Smith were indicative of a prolonged and slow asphyxiation rather than a deliberate attempt to resist.

State’s Stance and Ongoing Developments

In the aftermath of Smith’s execution, Alabama Attorney General Steve Marshall defended the process as “textbook,” despite criticisms regarding the execution’s duration and Smith’s apparent distress. The execution captain admitted during his deposition that he did not observe whether Smith was breathing or holding his breath while monitoring the pulse oximeter readings.

On Thursday evening, Alabama conducted its third execution of the year, putting Keith Edmund Gavin to death by lethal injection. Gavin had been convicted of the 1998 murder of a delivery driver.

Correction

A previous version of this article incorrectly stated that the medical expert who suggested Kenneth Smith should have taken deep breaths during his execution represented the state of Alabama. The expert was, in fact, representing Smith.

In summary, the unredacted documents provide a rare and detailed insight into Alabama’s execution process and the complexities associated with nitrogen hypoxia. The situation remains under close scrutiny as legal proceedings and further assessments continue.