Alabama
Alabama schedules second nitrogen gas execution for man who survived lethal injection
Alabama officials have rescheduled the execution of a man who survived his first execution attempt.
The state first attempted to execute Alan Eugene Miller on 22 September 2022 via lethal injection. However, the execution was called off after officials failed to connect an IV line.
Now, Miller will be executed by nitrogen hypoxia on 26 September, Alabama governor Kay Ivey announced on Wednesday. A former delivery driver, Miller was convicted of killing three people in a 1999 workplace shooting.
In 2022, Alabama vowed not to attempt another lethal injection on Miller. The commitment came after he sued the state, claiming they lost his paperwork which indicated he chose nitrogen hypoxia as his method. At the time, there was no protocol in place for hypoxia execution in the state.
Miller will be the second person executed by nitrogen gas in the US. The first person, Kenneth Smith, was executed in Alabama in January. The state of Alabama botched a total of three executions in 2022, including Miller’s and Smith’s.
Journalists inside the room described how Smith appeared to struggle as he was put to death. Reporter Lee Hedgepeth said: “I’ve been to four previous executions and I’ve never seen a condemned inmate thrash in the way that Kenneth Smith reacted to the nitrogen gas.”
Despite previously advocating for it, Miller is now challenging the execution method in a US district court, arguing the current protocol violates the constitutional ban on cruel and unusual punishment, the Associated Press reports.
His attorneys cited witness descriptions of Smith’s execution in their filings, arguing for a different protocol.
“An alternative method of nitrogen hypoxia execution is available that is feasible, readily implemented, and will significantly reduce a substantial risk of severe pain,” Miller’s attorney, J Bradley Robertson, told local outlet WVTM 13 last week.
Meanwhile, Alabama attorney general Steve Marshall has said Smith’s nitrogen gas execution was “textbook”.
“Nitrogen hypoxia as a means of execution is no longer an untested method,” Mr Marshall said in January after Smith’s execution. “It is a proven one.”
The state asked a judge to dismiss Miller’s motion earlier this week. His legal team must now respond to that request.
The Independent has contacted Mr Marshall’s office and Miller’s attorneys for comment.
The Independent and the non-profit Responsible Business Initiative for Justice (RBIJ) have launched a joint campaign calling for an end to the death penalty in the US. The RBIJ has attracted more than 150 well-known signatories to its Business Leaders Declaration Against the Death Penalty – with The Independent as the latest on the list. We join high-profile executives including Ariana Huffington, Facebook’s Sheryl Sandberg, and Virgin Group founder Sir Richard Branson as part of this initiative and are making a pledge to highlight the injustices of the death penalty in our coverage.
Tennessee softball coach Karen Weekly ran up to Sage Mardjetko and sneaked in a kiss on her cheek as the junior pitcher’s postgame interview on ESPN2 began.
Mardjetko only got through the beginning of her first answer before her teammates ran up with fake money and gloves, stuffing the fake bills in her belt with the glove on top of her head.
At one point, there were six teammates dressing up Mardjetko after her fantastic performance against No. 3 Alabama, including fellow pitcher Karlyn Pickens and outfielder Gabby Leach, who hit the game-winning home run. Other players joined in to throw bills in the air around Mardjetko.
The moment on April 26 belonged to Mardjetko, who delivered the Crimson Tide their first shutout loss of the season as No. 8 Tennessee won 2-0 at Sherri Parker Lee Stadium.
By the time Mardjetko’s interview was over, there were three gloves sitting precariously on her head, bills stuffed in her collar, too, and bats leaning against her legs, with one stuck in the crook of her elbow.
“Usually this is our home run celebration,” Mardjetko said on ESPN2. “My teammates are just super fired-up, they know how big this game is and how big this series is.”
The Lady Vols’ famous mommy hat also got stacked on top of the gloves before falling off. Leach said they love getting the chance to have some fun with postgame interviews.
“That was just such a big moment for her and just being able to celebrate and make her look goofy, giving her the money and the mommy hat, she never gets to wear that,” Leach said. “So that was the perfect moment for her to have that hat on.”
Tennessee (39-8, 13-7 SEC) relied on solo home runs from Leach and Emma Clarke to back up Mardjetko’s one-hitter and force a rubber match on April 27 (7 p.m. ET, SEC Network).
“Sage is a competitor. She’s going to give you everything she has,” Weekly said. “She’s going to compete freely, she’s going to stay one pitch at a time, and she’s got the stuff to beat anybody. So, I had complete trust in Sage all day long, and the most important number today is a zero on the scoreboard.”
Mardjetko (11-1) had a no-hitter through 6⅓ innings. She struck out six, walked three, hit a batter and allowed one hit in her fifth shutout of the season. After Tennessee got run-ruled in the series opener, Mardjetko said her mentality was to go out and compete and do whatever it took to give them a chance.
Weekly didn’t witness most of the postgame interview chaos; she only saw players running toward Mardjetko with the money, gloves and bats. But she wants them to celebrate, and not just the turnaround from a 12-0 loss in Game 1. Weekly wants them to celebrate everything.
“I think that’s one of the things that we got away from, is focusing on celebrating all the little wins in a game,” she said. “I think that’s what you saw, is the ultimate celebration there. And just so happy for Sage. But also Sage really inspired her team today with the way she competed out there.”
Cora Hall is the University of Tennessee women’s athletics reporter for Knox News. Email: cora.hall@knoxnews.com; X: @corahalll; Bluesky: @corahall.bsky.social. Support strong local journalism and unlock premium perks:knoxnews.com/subscribe
Governor Kay Ivey:
“God bless our President, First Lady and the men and women in law enforcement. Let us pray for our leaders each and every day.”
Representative Barry Moore:
“They’ve told countless lies about him.
They’ve tried to bankrupt him.
They’ve come after his family.
They’ve tried to put him in prison.
They’ve tried to assasinate him – three times.
And yet, President Trump continues to fight for the American people.
We need to get on our knees and pray for him and our country.”
Senator Tommy Tuberville:
“A lunatic just tried to take out President Trump AGAIN.
The demonization of the President and Republicans needs to end.
Praying for our President and our country.”
Congressman Gary Palmer:
“I’m very thankful for the swift action of the Secret Service and that the President and no one at the White House Correspondents’ Dinner was injured.
Considering this is the third attempt on the President’s life, last year’s assassination of Charlie Kirk, and the 2017 Congressional baseball shooting, it’s clear that our nation is in a cultural and political crisis.
We should all be praying for the healing of our nation and for the return of civil discourse.”
Senator Katie Britt:
“Wesley and I are praying for the safety of the President, the First Lady, and all those attending the White House Correspondents dinner. Grateful for the brave men and women in uniform working to keep everyone safe.”
Well that’s a wrap! Despite all of the hand-wringing, Alabama finished with 10 total players drafted, behind only Ohio State (11) for the most in college football. On top of that, the Tide was the only SEC school with multiple first round draft picks. If you missed any of them, here is the recap:
Round 1, pick 12 – OT Kadyn Proctor – Miami Dolphins
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Round 1, pick 13 – QB Ty Simpson – L.A. Rams
Round 2, pick 47 – WR Germie Bernard – Pittsburgh Steelers
Round 4, pick 137 – DL LT Overton – Dallas Cowboys
Round 5, pick 146 – C Parker Brailsford – Cleveland Browns
Round 5, pick 149 – LB Justin Jefferson – Cleveland Browns
Round 5, pick 173 – TE Josh Cuevas – Baltimore Ravens
Round 6, pick 201 – CB Domani Jackson – Green Bay Packers
Round 7, pick 232 – DT Tim Keenan – L.A. Rams
Round 7, pick 245 – RB Jam Miller – New England Patriots
All in all, it was a big day three for Alabama after a slow day two.
With the draft over, the undrafted free agent frenzy begins (seriously, if you think the draft is crazy, some the stories I’ve heard from NFL GMs about what happens right after it trying to convince all of the UDFAs to go places are pure chaos). Thus far, here’s the Alabama players who went out for the draft and didn’t get drafted, but have signed on with NFL squads:
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OL Jaeden Roberts – Philadelphia Eagles
LB Deontae Lawson – Philadelphia Eagles
LB Nikhai Hill-Green – L.A. Rams
OL Kam Dewberry – Atlanta Falcons
DB DaShawn Jones – New Orleans Saints
So far, OL Geno VanDeMark, punter Blake Doud, running back Dre Washington, and tight end Brody Dalton are still looking for teams. I think VanDeMark will likely find his way onto a team, but the other three probably will not.
It was also a decent day for some former Tide players. who transferred elsewhere in their careers:
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S – Caleb Downs (Ohio State) – 1st round, pick 11 – Dallas Cowboys
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WR- Kendrick Law (Kentucky) – 5th round, pick 168 – Detroit Lions
And that’s pretty much it for this year! Hopefully we will see many of these names popping up across the NFL for years to come. Roll Tide to all!
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