Alabama
Death Row inmate Alan Eugene Miller: Prison too ‘incompetent’ to fit his gas mask
Alabama Death Row inmate Alan Eugene Miller said he has no intention of holding his breath or resisting his execution from nitrogen gas suffocation, but he’s worried the state will fail at securing his gas mask because they’re “incompetent.”
“I don’t think ya’ll know what you’re doing,” Miller, who would be only the second inmate in America to die by suffocating on nitrogen gas, told a state attorney during a deposition. “And these guys can’t even open a cell door sometimes. They’re keystone cops is basically what they are.”
The deposition was filed as part of an argument Miller’s lawyers made earlier this week. That filing also said the only training execution team members have for preparing an inmate for the procedure is from an Alabama Attorney General’s Office prosecutor.
Miller, 59, is set to die on Sept. 26 at William C. Holman Correctional Facility in Atmore. The prison is the only facility in the state with an execution chamber and is where most death row inmates are housed.
In a Monday filing in federal court, Miller’s attorneys said Alabama Attorney General Steve Marshall’s office and its deputy, James Houts, are “responsible for training the execution team on how to carry out a nitrogen hypoxia execution.”
Miller said he’s open to having the gas mask fitted to his face prior to his September execution, but only if a doctor, medical professional or third party appointed by a federal judge does the fitting. That’s because he believes the prison workers are “incompetent” at mask fitting.
The execution, if carried out, will be the second using nitrogen in the country. The first was also in Alabama, when the state executed Kenneth Eugene Smith in January. That execution was widely criticized, after Smith convulsed for several minutes on the gurney.
State officials have argued that Smith held his breath at the beginning of his execution, delaying the nitrogen entering his body.
“The best explanation of the testimony is that Smith held his breath and lost consciousness when he breathed nitrogen gas—not that the mask did not fit or that the nitrogen was impure,” the Alabama Attorney General’s Office said in a filing earlier this month.
Miller “has no physiological explanation for how Smith could have suffered due to the State’s nitrogen hypoxia protocol,” it said.
But on Monday, Miller’s lawyers said the state doesn’t offer any proof for their claims. The state “hang(s) their hat exclusively on the self-serving testimony of a witness who claims to have remembered Mr. Smith’s oxygen levels nearly seven months after the execution.”
The execution team captain didn’t write down those oxygen levels, according to Miller’s lawyers, nor tell anyone about them on the night of the execution.
“In fact, evidence in the record suggest that the witness could not even see the levels from his position in the execution chamber, and the execution log from Mr. Smith’s execution… undercuts (the state’s) entire argument,” said the filing.
The captain’s deposition was also submitted in public court records.
That man said his responsibility was fitting Smith with his respirator mask for the execution. “I have not encountered any person for whom the mask did not fit securely and effectively,” he said.
During Smith’s execution, the captain said he watched the “readout for one of the pulse oximeters attached to Smith’s earlobe.”
“For a period of time that was longer than I had expected, I noticed that the pulse oximeter continued to read at a steady rate of 97%-98%. I did not notice whether Smith was breathing or holding his breath during this time.”
The captain said that Smith eventually released a deep breath, and then the pulse oximeter dropped “to the low 40s in a matter of seconds.” After 40 more seconds, he said, the reading dropped to 17%.
“This rapid drop in Smith’s pulse oximeter readings was what I had expected would happen when Smith began breathing nitrogen. After those breaths, Smith’s body did not move again,” he said.
Miller’s lawyers wrote that the captain has no medical or scientific training, and had received no training for fitting gas masks. In the heavily redacted filing, the lawyers wrote that he “has never read the (REDACTED) which provides instructions on the proper fit.”
Instead, the filing said, the captain learned how to prepare inmates from state Deputy Attorney General James Houts.
“Mr. Houts has admitted he is not an expert in nitrogen hypoxia protocols, but nevertheless believes he is qualified to (REDACTED) the State’s nitrogen hypoxia system because he is a ‘private pilot, a master scuba diver,’ and served in the military.”
The filing said Houts, too, has no medical or scientific training.
All notes from the state’s execution log that were included in the filing are redacted.
Miller believes, according to his deposition earlier this month, that the state’s gas mask won’t fit him. Various masks haven’t worked on his face before, Miller said, because he has a large head and face. He’s also unable to wear hats sold to prisoners because “they are too small for his head.”
“I’ve a big old head,” he said in the deposition.
According to his Alabama Department of Corrections inmate summary, Miller weighs 351 pounds.
Miller’s team also argued the state won’t use a mask with an inherent airtight seal or perform a negative pressure test on the mask. They also said the prison system should provide Miller, or anyone about to face a nitrogen execution, a sedative to “reduce the needless suffering that occurs during asphyxiation.”
Alabama
Alabama defensive back officially declares for 2026 NFL draft
Jones transferred to Alabama from Wake Forrest prior to the 2024 campaign.
Alabama defensive back DaShawn Jones has officially declared for the 2026 NFL draft.
A senior out of Baltimore, Maryland, Jones was an excellent rotational piece in the Alabama secondary throughout the 2025 campaign. Jones joined the Crimson Tide in 2024 after transferring in from Wake Forrest, and the defensive back took full advantage of the opportunities he was given and thrived in Tuscaloosa as a result. The former three-star prospect recorded 11 solo tackles and one interception this season, as the playmaker will now turn his attention towards the NFL draft in April.
Jones was ranked as the No. 137 cornerback and the No. 1551 overall player from the class of 2021, per the 247Sports Composite rankings, prior to attending Wake Forest to begin his collegiate career. The talented defensive back played far above his expectations over the course of his college career, as the former Demon Deacon was a solid contributor during his time at both Wake Forrest and Alabama.
Jones could quickly prove to be an excellent pick up for any team that choses to draft him, as the promising playmaker’s time in Tuscaloosa officially comes to an end.
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Alabama
May they see your driver license?: Down in Alabama
Driver license, please
A case we followed here in 2022 has found its way to the Alabama Supreme Court.
AL.com’s Sarah Whites-Koditschek reports that the question is whether Alabama Police officers can demand to see people’s driver licenses or other IDs if they have probable cause.
In 2022, Childersburg Police answered a call about somebody on the property of people who were not home. The man, Michael Jennings, said he was watering flowers for his neighbors. The officers told him to provide an ID. He would only give his name as “Pastor Jennings” and refused to provide identification. Eventually the officers arrested him on a charge of obstructing government operations.
Attorney Ed Haden is representing the city and a group of police officers. He argued before the justices that state law gives officers with probable cause the authority to identify people, and that means a full name verified by identification.
Jennings attorney Henry Daniels argued the opposite, telling the justices that “Entitlement to live one’s life free from unwarranted interference by law enforcement or other governmental entities is fundamental to liberty.”
How low can you go?
Alabama’s preliminary, seasonally adjusted unemployment rate for December came in at a low 2.7% and was accompanied by record-breaking employment totals, reports AL.com’s Heather Gann.
Alabama Department of Workforce Secretary Greg Reed announced the figures on Wednesday.
Records fell for the number of people counted as employed and wage and salary employment. The difference between those two stats is that “wage and salary employment” doesn’t include a few types of workers such as the self-employed.
Alabama’s 2.7% rate was down from 3.3% in November ’24. And it was tracking well below the national rate.
According to the U.S. Bureau of Labor Statistics, the U.S. unemployment rate was 4.6%. That’s low, historically speaking, but the highest it’s been since September 2021.
RIP, songwriter Jim McBride
Huntsville native, country-music songwriter and Alabama Music Hall of Famer Jim McBride has passed away, reports AL.com’s Patrick Darrington.
McBride, who was from Huntsville, wrote or co-wrote No. 1s such as Johnny Lee’s “Bet Your Heart on Me” and Waylon Jennings’ very last chart-topper, “Rose in Paradise.”
With legends such as Kris Kristofferson, Willie Nelson and George Jones cutting his songs, he became a Nashville mainstay himself during the 1980s. In the country-music business, a lot of figures like McBride aren’t the household names of the recording artists, but the smart recording artists are going to gravitate to somebody who can take a song or a hook or an idea and turn it into something that might hit. So the songwriters become famous inside the industry and many of them are like family to the Opry stars and in high demand for late-night guitar pulls. We had another one — Bobby Tomberlin — on the podcast on Sept. 12, and he told some great stories about that life.
Well, one of those smart recording artists who wound up in McBride’s orbit in the late ’80s was a fresh-faced Alan Jackson. Their songwriter partnership produced the No. 1 songs “Someday” and CMA Single and Song of the year “Chattahoochee” as well as many others, including the Top 5s “Chasing That Neon Rainbow” and “(Who Says) You Can’t Have it All.”
That alone is a career.
Jim McBride was 78 years old.
Quoting
“To all our ICE agents in Minnesota and across the country: if you are violently attacked, SHOOT BACK.”
U.S. Sen. Tommy Tuberville, in a response to a woman’s being shot and killed in Minnesota on Wednesday after she allegedly tried to drive her SUV into an immigration officer.
By the Numbers
60%
That’s the percentage of Alabamians in an AL.com survey that said they expect to spend more on housing or rental costs this year compared to 2025.
Born on This Date
In 1977, actress Amber Benson of Birmingham.
The podcast
Alabama
Former Alabama OL starter transferring to SEC rival
Alabama football will see one of its ex-starters next season. Wilkin Formby is joining Texas A&M out of the transfer portal, after three seasons with the Crimson Tide.
Formby shared the news to his Instagram account on Wednesday. He opted to enter the transfer portal after the 2025 season came to an end with a 38-3 loss to Indiana in the Rose Bowl.
The Tuscaloosa native and Northridge product played both guard and tackle this past season. Coaches praised his versatility.
“Wilkin obviously has the athleticism to to play inside, and the size,” offensive coordinator Ryan Grubb said in September. “So I think there’s a couple things that happen for Wilkin in there, his natural pad-level because he’s got his hand in the dirt, and he’s got a good base and wide frame, so he’d done a really nice job in there. So we keep working on that and expand. As long as he can stay right-handed, playing on the right side, I think the transition for him is easy.”
Formby started out the year at right tackle, where he had previously played. He eventually moved over to guard, after Michael Carroll emerged as a viable tackle option.
The departure of Formby is part of a larger renovation of the Crimson Tide’s offensive line, which has now lost every starter besides Carroll. Kadyn Proctor and Parker Brailsford opted to leave early for the NFL Draft, while Geno VanDeMark, Kam Dewberry and Jaeden Roberts are out of eligibility.
Alabama is also losing several reserve linemen to the portal. Arkel Anugwom is entering, joining Olaus Alinen (who committed to Kentucky), Joseph Ionata and Micah DeBose.
UA has made one offensive line pickup from the portal. Former Michigan center Kaden Strayhorn is joining the Tide.
Alabama will face Formby in Tuscaloosa this season. Texas A&M visits Bryant-Denny Stadium on Oct. 24.
Undergraduate players can opt to enter the transfer portal through Jan. 16.
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