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.”
Governor Kay Ivey on Thursday set an execution date for death row inmate Jeremy Williams, who was convicted in the 2021 kidnapping, rape and murder of 5-year-old Kamarie Holland in Phenix City.
Williams is scheduled to be executed by the state’s three-drug lethal injection during a 30-hour window beginning at 12 a.m. August 13 and ending at 6 a.m. August 14. The execution date comes after the Alabama Supreme Court granted a request from Attorney General Steve Marshall’s office on June 16, authorizing the state to carry out the sentence.
In a letter to Alabama Department of Corrections Commissioner Greg Lovelace, Ivey said the Supreme Court’s June 16 order serves as the official death warrant for Williams.
“By law, I am required to specify the time frame for carrying out the sentence of death,” Ivey said. “Accordingly, I hereby order that Jeremy Lee Williams’s sentence of death be carried out within a time frame beginning on August 13, 2026, at 12:00 a.m. and ending on August 14, 2026, at 6:00 a.m.”
Ivey noted that she retains the authority to commute the sentence before the execution takes place.
Williams, 34, was convicted in April 2024 on four counts of capital murder stemming from Holland’s death. Prosecutors charged him with capital murder during a kidnapping, capital murder during a rape, capital murder during first-degree sodomy and capital murder of a child younger than 14.
Authorities said Holland disappeared from her family’s home in Phenix City on December 13, 2021. Her body was discovered two days later inside an abandoned house less than a mile away. An autopsy determined that she had been sexually assaulted and strangled.
In addition to the death sentence, Williams received several other prison terms. He was sentenced to life imprisonment for human trafficking and for knowingly producing recordings depicting the sexual abuse of a child. He also received another life sentence for a separate sexual abuse conviction, along with a 20-year sentence for conspiracy to commit human trafficking and a 10-year sentence for abuse of a corpse.
Unlike most death row inmates, Williams sought to speed up the execution process. During a hearing, he told the court that he accepted responsibility for his actions and wanted the sentence carried out.
In 2025, Williams dismissed his attorneys and informed the court that he wished to waive any remaining appeals and proceed with his execution. Russell County Circuit Court Judge David Johnson determined that Williams was competent to make that decision and allowed him to forgo further legal challenges.
Under Alabama law, capital convictions automatically receive appellate review. The Alabama Court of Criminal Appeals subsequently affirmed Williams’ conviction and death sentence in March.
After that review concluded, the Alabama Attorney General’s Office petitioned the Alabama Supreme Court in May to authorize an execution date. The court granted the request earlier this week, clearing the way for Ivey to schedule the execution.
If carried out as scheduled, Williams’ execution would occur nearly five years after Holland’s death and a little more than two years after he was sentenced to death.
Williams’ execution would be Alabama’s first by lethal injection since April 2025. The state’s three most recent executions were carried out using nitrogen hypoxia, which Alabama began using in 2024.
MONTGOMERY, Ala. (WSFA) – You don’t find too many camps where you learn how to slap someone. But this summer, you will in Montgomery. It’s one of many kids camps put on by the Alabama Shakespeare Festival.
“We have our Camp Shakespeare Junior which is our half day for the littles, kindergarten through 3rd grade,” said Cameron Williams, the ASF director of education. “We have Big Kid Shakespeare camp and everyone is learning all about ‘Much Ado About Nothing’.”
They learn about on stage combat, different acting techniques, and also how to be creative and think on their feet.
“I think theater skills are life skills. So, what makes this camp special is we’re doing more than just boosting literacy and doing theater things. We’re doing life skills, learning what it means to be team players, about discipline, and working with people who may have different personalities than you.”
Different kids have different talents. And even if your child isn’t up for a lead role in the next play, this place can leave a lasting impact.
“If you’re looking for a place where your kid can come out of their shell, to learn how to speak in front of a group, and develop some confidence, this is the place to be.”
It’s a place that’s a real treasure in Montgomery, and its mining some young gems, who one day, could be on the big stage themselves. There are still more ASF camps going on this summer for pre-teens and even adults.
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Huntsville-based defense contractor LOGZONE Inc. has agreed to pay $507,144 to resolve allegations that it failed to comply with cybersecurity requirements in contracts with the U.S. Department of the Navy, according to the U.S. Department of Justice.
The settlement resolves claims brought under the False Claims Act alleging that LOGZONE knowingly submitted claims for payment while not meeting certain cybersecurity standards required under two Navy contracts.
Federal officials alleged that between May 2021 and March 2025, LOGZONE did not implement specific cybersecurity controls outlined in National Institute of Standards and Technology (NIST) Special Publication 800-171. The standards are designed to protect sensitive defense information handled by government contractors.
According to the Justice Department, the deficiencies were identified during an assessment conducted by the Defense Contract Management Agency (DCMA). The evaluation resulted in LOGZONE receiving a score of -170 on a scale ranging from -203 to 110, indicating significant gaps in compliance with required security controls.
The government alleged that the missing cybersecurity measures could have increased the risk of unauthorized access to sensitive information or the exploitation of company systems.
The settlement does not include a determination of liability. As part of the agreement, LOGZONE will pay $507,144 to resolve the allegations.
Federal officials said the enforcement action reflects ongoing efforts to ensure government contractors comply with cybersecurity obligations tied to federal contracts, particularly those involving sensitive defense information.
The investigation and settlement involved the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Northern District of Alabama, the Department of the Navy, the Defense Contract Management Agency, the Naval Criminal Investigative Service, and the Department of the Army Criminal Investigation Division.
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Additional details regarding corrective actions taken by the company were not immediately available.
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