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 baseball cruised to a win over Alabama State on Wednesday night, beating the Hornets 13-4 to complete the season sweep. The Crimson Tide tied a program record with nine stolen bases in one of the stranger contests that will be played this season.
The tone was set for a tumultuous night on the basepaths in the opening minutes of the game. Leadoff batter Bryce Fowler, who exited Tuesday’s game after getting beaned in the head, was walked, and promptly took second base. He advanced to third on a wild pitch in Justin Lebron’s at-bat, paving the way for Lebron to steal second when he was ultimately walked as well.
The successful baserunning instantly paid off, as Brady Neal drove both in with a double to left-center field before John Lemm walked two at-bats later. Both runners stole their respective bases on the same pitch in Jason Torres’ plate appearance, meaning that four of the first five batters of the game stole a base.
Alabama has been exceptional on the basepaths, sitting at 30-for-30 on the season. Lebron, who swiped two bags on Wednesday, leads the team with 12. The junior had an up-and-down night, hitting his eighth home run of the season, but also committing an error at shortstop for the fourth consecutive game.
“Get those things out of there now, baby. The dude is unbelievable,” an unconcerned Rob Vaughn said on Tuesday of Lebron’s errors. “We’re going to look up at the end of the year, and that guy is going to have five or six errors, which one he’s got right now, and we’ll be like, ‘Man, that guy is the best of all time to do it.’”
Wednesday’s game was a very prototypical midweek contest with no shortage of quirks and oddities throughout its nearly four-hour runtime. Fifteen Alabama batters were walked, falling just one shy of the program record, and the hit by pitch record was tied as seven batters were plunked.
The game was never competitive from an on-field standpoint. After barely escaping with a 2-1 win in the first matchup with the Hornets two weeks ago, this was a far more accurate representation of what these games typically look like, as Alabama now leads the all-time series 15-0.
Freshman Joe Chiarodo made his first career start, allowing two hits and one walk over two scoreless innings. He was named the winning pitcher. Luke Smyers, Connor Lehman, Anthony Pesci and Tate Robertson were the other pitchers to take the mound. Lehman allowed a three-run blast in the sixth inning, and those were the only runs until the incredibly-named Skywalker Mann drove in a run off Robertson in the ninth.
Perhaps the most shocking figure from the game was that Alabama had 19 runners left on base. The Crimson Tide left the bases loaded in four different innings. As stated, this was just a bizarre baseball game across the board. With the midweeks out of the way, the Crimson Tide gets to prepare for its final weekend tune-up before SEC play as North Florida heads into Tuscaloosa on Friday.
The Healthy Early Development and Screen Time Act was signed on Wednesday, March 4, by Governor Kay Ivey to introduce limits on children’s screen time access in Alabama.
The Act is one of Ivey’s 2026 legislative priorities.
“Video screen access in classrooms can boost learning skills among our young children, but too much screen exposure can also be detrimental, harming critical social and cognitive development,” Ivey said. “The Healthy Early Development and Screen Time Act ensures our youngest students are provided a healthy balance of screen time and traditional learning in order to protect social and emotional development.”
Under the Healthy Early Development and Screen Time Act, the Alabama Department of Early Childhood Education will be required to work with the Department of Human Resources and the State Department of Education to develop guidelines for screen-based media.
Guidelines will be implemented in early childhood education programs like day care centers, day care homes, night care facilities, pre-kindergarten, kindergarten and group day care homes. The Act was sponsored by Representative Jeana Ross and Senator Donnie Chesteen.
“House Bill 78 establishes clear, research-based expectations for how technology is used in early childhood settings,” said Ross. “The goal is not to eliminate technology, but to ensure its use is developmentally appropriate and never replaces the hands-on learning and human interaction young children need most. By setting thoughtful guardrails and aligning classroom practices with the best available research on early brain development, this legislation supports educators, protects the quality of early learning and reinforces our commitment to giving Alabama’s youngest students the strongest possible start.”
A training program will also be created by the Department of Early Childhood Education to create a baseline for the appropriate use of child screentime for teachers and staff members supervising children.
“The Healthy Early Development and Screen Time Act represents another important step in ensuring Alabama’s youngest children grow and learn in environments that prioritize human interaction, exploration and healthy development,” said Chesteen. “Building on the progress made with last year’s FOCUS Act, this legislation continues our commitment to protecting the most formative years of childhood. I am grateful to Governor Kay Ivey and my colleagues in the Legislature for recognizing the importance of this issue and working together to support Alabama families.”
The Healthy Early Development and Screen Time Act will become effective on January 1, 2027.
The Alabama State Conference of the NAACP has announced its official schedule for the 2026 NAACP-sponsored Selma Jubilee Bridge Crossing Weekend, set for March 6–8 in Montgomery and Selma.
Held under the theme “A Time for Standing,” the annual commemoration honors the Foot Soldiers of the 1965 Selma-to-Montgomery marches and recognizes the legacy of Dr. Martin Luther King Jr., John Lewis and Rev. Jesse Jackson for their roles in advancing civil rights and voting access.
The three-day event will bring together national, state and local leaders, along with youth and college chapters, faith partners and community members for activities focused on reflection, education and civic engagement.
Scheduled events include a civic discussion titled “The New Civic Path” on March 6 at the Montgomery Interpretive Center at Alabama State University, followed by a Jubilee Gala that evening at Embassy Suites in Montgomery. On March 7, the Birmingham Metro Branch will host a bus trip to Selma, while a statewide civic engagement training will take place in Montgomery.
SEE ALSO: Bridge Crossing Jubilee to honor Rev. Jesse Jackson’s legacy in Selma
SEE ALSO: 16th Street Baptist Church: Keeping a Legacy Alive 63 Years Later
On March 8, participants will take part in the Selma Bridge Crossing Jubilee Parade, voter activation efforts, worship services at Brown Chapel AME Church and Tabernacle Baptist Church, and the traditional bridge crossing at the foot of the Edmund Pettus Bridge.
Organizers say the weekend will emphasize continued civic participation and community engagement across Alabama.
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March 6 — Alabama NAACP Selma Bridge Crossing Jubilee Gala 5:30PM Embassy Suites by Hilton, 300 Tallapoosa St, Montgomery, AL 36104
March 7 — NAACP Birmingham Metro Branch Selma Bridge Crossing Jubilee Bus Trip 8AM–5PM Broad Street and Water Avenue in Selma Alabama
March 7 — Alabama State NAACP Statewide Civic Engagement Training 8–4:15PM Homewood Suites, 7800 EastChase Pkwy, Montgomery, AL 36117
March 8 — Alabama State NAACP in the Selma Bridge Crossing Jubilee Parade 8AM–10AM Begins at 1722 Broad St and concludes at the National Voting Rights Museum
March 8 — Alabama NAACP Statewide Bridge Crossing Jubilee Bus Trip 8AM–5PM Alabama State University, Untenese and Mobile Branch and University of Alabama, Oakwood University, Broad Street and Water Avenue, Selma
March 8 — Alabama NAACP Selma Bridge Crossing Jubilee Participation in Worship Services 10AM–2PM Brown Chapel AME Church and Tabernacle Baptist Church, Selma
March 8 — Alabama NAACP Youth and College Civic Engagement Voter Activation 8AM–2PM Broad Street and Water Ave, Selma
March 8 — Alabama NAACP Statewide Bridge Crossing 11:15PM – Line up Alabama NAACP Tent on Waters Ave or at the foot of the Edmund Pettus Bridge, Selma
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