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.”
South Alabama scored the final seven points in a 77-75 victory over New Mexico State on Tuesday night in Katy, Texas.
The Jaguars (8-1) scored all seven of those points at the free-throw line — four from Adam Olsen, two from Chaze Harris and one from Randy Brady — in the final 2:02 of clock time. Elijah Elliott missed a 3-pointer at the buzzer as the Aggies (6-1) suffered their first loss of the year.
Olsen scored 21 points to lead the way for South Alabama, which is off to its best 9-game start in program history. Peyton Law added 18 points and three blocks, while Harris had 17 points — going 11-for-11 from the line.
South Alabama made 32 of 39 free throws in the game, with Law and Olsen each going 6-for-7 and Brady — who had eight points and a team-best seven rebounds — going 5-for-7.
Jaylen Randall scored 21 points for New Mexico State, while Elliott had 18 — all on 3-pointers. Jamel Jones added 17 points and a game-high nine rebounds.
South Alabama stays on the road Friday, traveling to East Tennessee State for a 6 p.m. Central game that will stream live via ESPN+.
Two of Alabama’s greatest musical exports are set to perform at the 2026 Bonnaroo Music & Arts Festival: Rising young pop star Jessie Murph and legacy band Alabama Shakes, both from Athens.
Bonnaroo ’26 is scheduled for June 11-14 in Manchester, Tenn., about a 90-minute drive from Huntsville, Alabama. The festival’s headliners will include the deejays Skrillex and Griz, rock bands The Stokes, Turnstile and The Neighborhood, dance group Rufus Du Sol, country rapper Teddy Swims, singer/songwriters Noah Kahan and Role Model, and classic pop act Kesha.
Tickets go on sale 10 a.m. central Friday via bonnaroo.com. Prices start at $389 for four-day general admission and go up to $899 for VIP and $3,995 for “platinum.”
Four-day “Roo Insider” tickets — with perks like front-of-stage viewing, private golf cart transport, artist lounge access, air-conditioned tent accommodations plus all platinum, VIP and GA amenities — start at a princely $27,500.
Born in Huntsville and raised in Athens, Jessie Murph is known for songs like “Blue Stripes,” “Touch Me Like a Gangster” and “1965.” The 21-year-old singer mixes Lana Del Rey’s sultry charisma and cinematic sound, young Priscilla Presley’s look, and a country drawl filtered through Amy Winehouse’s rap-swagger.
Alabama Shakes were founded in Athens about five years after Murph was born. Led by dynamic 37-year-old singer Brittany Howard, the Shakes are known for 2010s rock-and-soul songs like “Hold On,” “Always Alright” and Grammy winner “Don’t Wanna Fight.”
This summer, Howard (who went solo in 2019) and Shakes bassist Zac Cockrell (who’d been part of Howard’s solo band) reconnected with Shakes guitarist Heath Fogg for a lucrative amphitheater tour.
But it’s been a “three-union,” not a true reunion. The Shakes’ original drummer Steve Johnson was left out of the tour, telling AL.com he’d been ousted from the band due to legal issues he had during the band’s hiatus. In late August, Alabama Shakes 2.0 released “Another Life,” the band’s first new song in eight years.
In addition to Murph and Alabama Shakes, notable Bonnaroo ’26 undercard acts include Rock’s Latest Great Hope, the British singer known as Yungblood. There’s also hot indie/punk groups like Geese, Wet Leg and Amy & The Sniffers and classic rockers Wolfmother, Modest Mouse and Blues Traveler.
Rap’s represented by stars like Vince Staples and Lil Jon, and electronic music by the likes of Major Lazer. Meanwhile, Tedeschi Trucks Band harkens back to Bonnaroo’s jam-band origins.
Weather truncated Bonnaroo’s 2025 edition. The festival was also canceled in 2020 and 2021, due to the pandemic.
Creole slang for “the good stuff,” Bonnaroo debuted in 2002 and is held on a 700-acre farm. Attendance at the festival has ranged from around 70,000 for the 2012 debut to around 100,000 in 2012 and down to an estimated 45,000 or so in 2016. The last full Bonnaroo, held in 2024, drew around 70,000, according to the Nashville Tennessean.
Past headliners have included Beastie Boys, White Stripes, Jay-Z, Phish, Paul McCartney, Kendrick Lamar, Bruce Springsteen, Eminem, Dave Matthews Band, Nine Inch Nails, Kanye West, The Police, Radiohead, Neil Young, Red Hot Chili Peppers, Tom Petty, Stevie Wonder and Metallica.
C3 Presents is the production company for Bonnaroo. Their other festival productions have included Lollapalooza, Austin City Limits, Atlanta’s Shaky Knees and New Orleans’ Voodoo Music + Arts Experience.
C3 also helmed South Star, a Huntsville festival, which debuted in 2024 with acts like Gwen Stefani, Tom Morello and TLC. South Star was cut short due to weather and didn’t return to Huntsville for 2025.
Marcus Jones returned a punt 94 yards for a touchdown to send the New England Patriots on their way to a 33-15 victory over the New York Giants on Monday night.
With its 10th consecutive victory, New England became the first NFL team to reach 11 wins in the 2025 season.
Jones’ touchdown return came off a 54-yard punt by New York’s Jamie Gillan and put the Patriots ahead 10-0 with 5:17 left in the first quarter as they raced to a 30-7 halftime lead.
The punt return was the 75th of Jones’ career, qualifying the former Enterprise High School and Troy standout for the NFL’s career record book, and his 14.63-yards-per-return average went to No. 1 in league history.
Jones replaced George McAfee, who averaged 12.78 yards on 112 punt returns for the Chicago Bears from 1940 through 1950, with three years missed for military service in World War II.
Later in the game, Jones had punt returns of 17 and 13 yards, bringing his all-time best average to 14.64 yards.
Only twice in NFL history has a player from an Alabama high school or college had a longer punt-return touchdown than Jones did on Monday night.
On Nov. 24, 1968, San Diego Chargers cornerback Speedy Duncan from Druid High School in Tuscaloosa returned a punt 95 yards for a touchdown in a 37-15 loss to the New York Jets in an AFL game.
On Jan. 1, 2017, Kansas City Chiefs wide receiver Tyreek Hill from West Alabama returned a punt 95 yards for a touchdown in a 37-27 victory over the Chargers.
The third punt-return touchdown of Jones’ career was his second of 2025. Jones returned a punt 87 yards for a touchdown during a 42-13 victory over the Carolina Panthers on Sept. 28.
Jones’ Monday-night effort tied the franchise record for the longest punt-return touchdown, equaling Julian Edelman’s 94-yarder in a 38-7 victory over the Miami Dolphins on Jan. 2, 2011.
New England quarterback Drake Maye completed 24-of-31 passes for 282 yards with two touchdowns and no interceptions on Monday night.
In addition to Jones, who started at cornerback for the Patriots, seven other players from Alabama high schools and colleges got on the field during the New York-New England game:
- Christian Barmore (Alabama) started at defensive tackle for the Patriots. Barmore made five tackles.
- Carlton Davis (Auburn) started at cornerback for the Patriots. Davis made five tackles, recorded one tackle for loss and broke up two passes.
- Patriots tight end CJ Dippre (Alabama) was designated as a game-day inactive.
- Cor’Dale Flott (Saraland) started at cornerback for the Giants. Flott made five tackles and recorded one tackle for loss.
- Patriots linebacker Anfernee Jennings (Dadeville, Alabama) made two tackles on defense, recorded one tackle for loss and had one tackle on special teams.
- Giants offensive linebacker Evan Neal (Alabama) is on injured reserve and not eligible to play.
- Giants defensive tackle Rakeem Nunez-Roches (Central-Phenix City) made one tackle.
- Patriots safety Dell Pettus (Sparkman, Troy) did not record any stats.
- Darius Slayton (Auburn) started at wide receiver for the Giants. Slayton had two receptions for 41 yards and one touchdown. Slayton’s first touchdown of the 2025 season came on a 30-yard pass from quarterback Jaxson Dart as New York reduced New England’s lead to 17-7 with 12:46 left in the first half. Slayton also caught a 2-point conversion pass after New York’s second touchdown.
- Patriots wide receiver Jeremiah Webb (South Alabama) is on the practice squad and not eligible to play.
- Giants quarterback Jameis Winston (Hueytown) dressed for the game but did not play. Winston had started the previous two games and thrown for 567 yards in a 27-20 loss to the Green Bay Packers on Nov. 16 and a 34-27 overtime loss to the Detroit Lions on Nov. 23. Winston returned to the sideline with the return of rookie QB Jaxson Dart from a concussion.
FOR MORE OF AL.COM’S COVERAGE OF THE NFL, GO TO OUR NFL PAGE
New England (11-2) does not play against until Dec. 14 as the Patriots enter their bye week. New England will return against the Buffalo Bills at noon CST Dec. 14 at Gillette Stadium in Foxborough, Massachusetts.
New York (2-11) also is set for its open date in Week 14 of the NFL season. The Giants return against the Washington Commanders at noon Dec. 14 at MetLife Stadium in East Rutherford, New Jersey.
Pentagon watchdog finds Hegseth risked the safety of U.S. forces with use of Signal
Alaska school district admits ‘mistake’ after adding ‘does not endorse’ disclaimer to Constitution pamphlet
Knife-wielding man in St. Louis airport shot and killed by police
Female competitor crowned ‘World’s Strongest Woman’ after transgender controversy overshadows event
First lady Melania Trump and Usha Vance visit troops’ families in first joint visit
Florida High School Football Rankings: Top 25 teams – Oct. 21
Cleary's 21 help Le Moyne down Central Connecticut State 69-64 in OT
How old is Bo Nix? What to know about Oregon quarterback ahead of 2024 NFL Draft
99th annual Pony Swim held in Virginia
Video: ‘It Didn’t Have to Happen This Way:’ U.Va. Faculty Call for Review of Police Response to Protests
Pentagon watchdog finds Hegseth risked the safety of U.S. forces with use of Signal
War Secretary Hegseth highlights US ‘Drone Dominance’ push for mass adoption in modern warfare
Europe must up pressure on Russia, ministers say after Moscow talks
Missouri’s redistricting drama renews focus on direct democracy … and ‘Air Bud’
Trump rips Somali community as federal agents reportedly eye Minnesota enforcement sweep
-
News1 day agoTrump threatens strikes on any country he claims makes drugs for US
-
Politics23 hours agoTrump rips Somali community as federal agents reportedly eye Minnesota enforcement sweep
-
World1 day agoHonduras election council member accuses colleague of ‘intimidation’
-
Technology7 days agoNew scam sends fake Microsoft 365 login pages
-
Politics6 days agoRep. Swalwell’s suit alleges abuse of power, adds to scrutiny of Trump official’s mortgage probes
-
Business1 week agoStruggling Six Flags names new CEO. What does that mean for Knott’s and Magic Mountain?
-
Ohio1 week agoSnow set to surge across Northeast Ohio, threatening Thanksgiving travel
-
News7 days ago2 National Guard members wounded in ‘targeted’ attack in D.C., authorities say