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Alabama schedules nitrogen gas execution for convict who survived lethal injection attempt

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Alabama schedules nitrogen gas execution for convict who survived lethal injection attempt

Alabama has scheduled a second execution with nitrogen gas, months after the state became the first to put a person to death with the previously untested method.

Alabama Gov. Kay Ivey set a Sept. 26 execution date for Alan Eugene Miller, who was convicted of killing three men during a 1999 workplace shooting. The execution will be carried out by nitrogen gas, the governor’s office said. Miller survived a 2022 lethal injection attempt.

The governor’s action comes a week after the Alabama Supreme Court authorized the execution.

ALABAMA SETS EXECUTION DATE FOR MAN CONVICTED OF KILLING DELIVERY DRIVER DURING ATTEMPTED ROBBERY

In January, Alabama used nitrogen gas to execute Kenneth Smith. Smith shook and convulsed in seizure-like movements for several minutes on a gurney as he was put to death Jan. 25.

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Alan Miller is on death row in Alabama. (Alabama Department of Corrections)

A nitrogen hypoxia execution causes death by forcing the inmate to breathe pure nitrogen, depriving him or her of the oxygen needed to maintain bodily functions. Alabama and some other states have looked for new ways to execute inmates because the drugs used in lethal injections, the most common execution method in the United States, are increasingly difficult to find.

Miller has an ongoing federal lawsuit challenging the execution method as a violation of the constitutional ban on cruel and unusual punishment, citing witness descriptions of Smith’s death.

“Rather than address these failures, the State of Alabama has attempted to maintain secrecy and avoid public scrutiny, in part by misrepresenting what happened in this botched execution,” the lawyers wrote in the lawsuit. It is anticipated that his attorneys will ask a federal judge to block the execution from going forward.

Attorney General Steve Marshall maintained that Smith’s execution was “textbook” and said the state will seek to carry out more death sentences using nitrogen gas.

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State attorneys added that Miller has been on death row since 2000 and that it is time to carry out his sentence.

Miller, a delivery truck driver, was convicted of killing Terry Jarvis, Lee Holdbrooks and Scott Yancy in the workplace shootings.

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Florida paraglider survives 500-foot plunge into ocean

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Florida paraglider survives 500-foot plunge into ocean

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A 52-year-old Florida man walked away unharmed after his powered paraglider dropped 500 feet out of the sky and splashed into the ocean on Friday, authorities said.

The dramatic fall happened just before noon off the coast of Singer Island near Riviera Beach, the Riviera Beach Police Department said. Bystanders captured the incident on cellphone video.

Sarah Williamson, a lifeguard with Palm Beach County Ocean Rescue, told WFLX-TV that she first noticed the paraglider was in trouble upon seeing that he was “going in an interesting pattern” after hitting an apparent wind gust.

“I just started running, and I radioed my other partner,” she said. “We grabbed our rescue tube and our rescue board and paddled out in tandem.”

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PARACHUTIST BRIEFLY HANGS ABOVE END ZONE DURING ARMED FORCES BOWL PREGAME MISHAP

Beachgoers witnessed the paraglider fall 500 feet into the ocean off the coast of Singer Island near Riviera Beach on Friday, Jan. 9, 2026. (Riviera Beach Police Department)

The lifeguards and nearby beachgoers immediately swam out to help the man, police said.

People swam out to help the uninjured paraglider, and brought him and his craft to shore, police said. (Riviera Beach Police Department)

Williamson said a snorkeler dove underwater and helped free the man from a tangle of paraglider lines.

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“(The snorkeler) was a godsend because we did not have a mask, and he was able to get underwater and free the man while we secured him,” she told the outlet.

The paraglider, from Pompano Beach, had lifted off from Ocean Cay Park in Jupiter and sailed south until the 500-foot fall into the water, police said. (Riviera Beach Police Department)

LA DEPUTIES CAUGHT ON CAMERA RACING INTO FOGGY OCEAN TO RESCUE DISORIENTED PARAGLIDERS

Police said the rescuers brought the 52-year-old paraglider and his craft to shore. He was not injured.

The paraglider, from Pompano Beach, had lifted off from Ocean Cay Park in Jupiter and sailed south until the 500-foot fall into the water.

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The man’s identity has yet to be released to the public.

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Williamson said she was “quite blown away” to learn how far the paraglider fell before making the unplanned splashdown.

“Five hundred feet is an incredible thing to survive,” she said.

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Virginia nanny testifies affair, alibi plan ended in bloodshed after love triangle tore apart affluent family

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Virginia nanny testifies affair, alibi plan ended in bloodshed after love triangle tore apart affluent family

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WARNING: GRAPHIC CONTENT

The Virginia trial of Brendan Banfield, a former IRS special agent accused of being the mastermind behind a grisly double murder to cover up an affair with his family’s au pair, kicked off Tuesday with his mistress taking the stand to provide an explosive firsthand account of the alleged killings. 

Banfield is charged with aggravated murder in the February 2023 killings of his wife, Christine Banfield, and Joseph Ryan inside their home in Herndon, Virginia, an affluent suburb of Washington, D.C.

Prosecutors allege Banfield spent a month impersonating his wife on a fetish website to lure Ryan to the family’s home and carry out the double murder to hide an ongoing affair with the family’s Brazilian au pair, then-22-year-old Juliana Peres Magalhães.  

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“Those two individuals had no reason to know each other but for the plotting and planning of Brendan Banfield,” prosecutor Jenna Sands said in opening statements, referring to Ryan and Christine Banfield.

AFFLUENT VIRGINIA SUBURB ROCKED AS TRIAL BEGINS FOR EX-FEDERAL AGENT HUSBAND IN NANNY LOVE-TRIANGLE MURDERS

Brendan Banfield, charged with aggravated murder in the 2023 killings of Christine Banfield and Joseph Ryan, appears in court during opening statements on Tuesday, Jan. 13, 2026 in Fairfax, Va. (Court TV via AP, Pool)

However, at the time of the alleged murders, Magalhães told investigators she and Banfield discovered Ryan stabbing Christine inside the home and both opened fire to stop the intruder. 

Defense attorney John Carroll insisted in his opening statement that Magalhães was arrested in October 2023 in an effort to pit her against Banfield during his trial. 

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“The whole reason she was arrested was to flip her against my client,” Carroll said. 

Magalhães pleaded guilty to manslaughter in October 2024 and will be sentenced after Banfield’s trial. 

AFFLUENT VIRGINIA HUSBAND, NANNY CHARGED WITH MURDERS IN MANSION LOVE TRIANGLE

Juliana Peres Magalhães testifies during the trial of Brendan Banfield, charged with aggravated murder in the 2023 killings of Christine Banfield and Joseph Ryan, on Tuesday, Jan. 13, 2026 in Fairfax, Va. (Court TV via AP, Pool)

In explosive testimony, Magalhães took the stand to detail how her relationship with Banfield went from professional to sexual. 

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“We barely spoke,” Magalhães said. “My relationship was mostly with Christine and [the couple’s child].” 

Magalhães testified that the pair became intimate in August 2022, and how she first became aware of Banfield’s alleged plan to kill his wife while the pair were on a trip to New York with Banfield’s young child just two months later, with Banfield declining to file for divorce instead. 

“He mentioned his plan to get rid of [Christine],” Magalhães told the prosecution. “Initially, he didn’t know what he would do. He just mentioned that he would think about it [and] let me know when he thought about it.” 

VIRGINIA AU PAIR MURDER: FETISH PLOT, AFFAIR, GUN RANGE TIED TO DOUBLE HOMICIDE AT HOME, PROSECUTORS REVEAL

A framed photo of Brendan Banfield and Juliana Magalhães and the mistress’s lingerie were found in the room where the double homicide occurred, according to prosecutors. (Fairfax County Commonwealth Attorney’s Office)

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Magalhães explained on the stand that Banfield used his wife’s email and photograph to create an account on a fetish website under a fake name, while also conspiring to create an alibi in the event of a murder investigation. 

“He knew that we needed to have some alibis,” Magalhães testified. “He knew that he needed to change his routine a few weeks prior. So it wouldn’t be odd that he wasn’t, you know, just at McDonald’s on that day, specifically.” 

Prosecutors allege that Banfield and Magalhães propositioned men on the fetish website to enter the family’s home under the guise of a consensual sexual encounter, ultimately deciding on Ryan as their victim. 

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“He made Brendan feel confident enough that he would be the person to play the role, which means being aggressive and holding her down and coming over to the house and bringing stuff and all that,” Magalhães said. 

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Juliana Peres Magalhães is seen in new police bodycam video calling Brendan Banfield her “husband.” (Fairfax County Police Department via AP)

“Brendan created the narrative that Christine desperately wanted to be raped,” Sands explained in her opening statement. “Posing as Christine, he told Joe what to do: Come to the home in Reston. The door will be unlocked. Christine will be asleep in bed. Come straight upstairs, cut off her clothing, tie her, rape her. Simple and fun.” 

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Before Ryan arrived at the home, Banfield went to a nearby McDonald’s and awaited Magalhães’ call regarding an intruder at the home, the au pair testified. 

“After calling Christine, I called Brendan, and then he picked up the phone and I was telling him, ‘Stay away, there’s somebody strange and come to the house, I’m scared,’” Magalhães said. “He told me to stay there. He will be coming home, and he will try to call Christine.” 

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Christine Banfield was stabbed to death in the bedroom of her Fairfax County, Virginia, home. (Facebook)

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As the encounter unfolded, Banfield and the au pair put his young child in the basement with her iPad before entering the Banfields’ bedroom, where Banfield shot Ryan with his service weapon and stabbed his wife while Magalhães held a firearm he had purchased a month before the alleged killing, according to prosecutors. 

“When I got to the bedroom, Brendan yelled, ‘Police officer,’ and Christine’s first reaction – it was the first time I heard her say anything at that point – and she yelled back at Brendan, saying, ‘Brendan, he has a knife,’ and that’s when Brendan first shot Joe,” Magalhães said. 

Brendan Banfield and Juliana Magalhães, left, were charged in the killing of Christine Banfield, right. (Fairfax County PD, Instagram, and FOX 5 DC)

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Magalhães then testified, in graphic detail, how Banfield climbed on top of his wife and stabbed her in the neck while she covered her eyes and ears on the other side of the bed.  

“I had put my hands on the carpet and as soon as I felt blood, I just removed my hands from the carpet,” Magalhães said, adding that blood also soaked into her shoes and socks.

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Banfield then allegedly staged the crime scene to appear as though it was a home invasion, with Magalhães then calling 911 to tell authorities Ryan was an intruder who had stabbed Christine, Sands added. 

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Banfield’s attorney did not respond to Fox News Digital’s request for comment. 

If convicted, Banfield would face the possibility of life in prison. The trial is expected to last four weeks. Court sessions will begin at 10 a.m. each day and run Monday through Thursday, according to court administrators.

Fox News Digital’s Sarah Rumpf-Whitten contributed to this report. 



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DeSantis launches Florida redistricting push to potentially add more GOP House seats

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DeSantis launches Florida redistricting push to potentially add more GOP House seats

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Florida Gov. Ron DeSantis launched a redistricting effort to secure more Republican congressional seats in the state on Wednesday.

DeSantis announced the move on social media, saying he will be convening a special session for the state legislature to adjust current maps. The move comes as red and blue states across the country have pursued redistricting in a high-stakes battle to secure an advantage in the 2026 midterm elections.

“Today, I announced that I will be convening a Special Session of the Legislature focused on redistricting to ensure that Florida’s congressional maps accurately reflect the population of our state. Every Florida resident deserves to be represented fairly and constitutionally,” DeSantis wrote.

“This Special Session will take place after the regular legislative session, which will allow the Legislature to first focus on the pressing issues facing Floridians before devoting its full attention to congressional redistricting in April,” he added.

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JD VANCE CALLS ON REPUBLICANS TO TAKE ‘DECISIVE ACTION’ TO COUNTER DEMOCRATIC GERRYMANDERING

Florida Gov. Ron DeSantis is launching a redistricting effort in his state. (DeSantis 2024)

Currently, Republicans hold 20 of Florida’s 28 congressional districts. Florida Republicans may also face challenges because of language in the state’s constitution that puts tight restrictions on gerrymandering.

Aiming to prevent what happened during his first term in the White House when Democrats reclaimed the House majority in the 2018 midterms, President Donald Trump in June first floated the idea of rare but not unheard of mid-decade congressional redistricting.

The mission was simple: redraw congressional district maps in red states to pad the GOP’s razor-thin House majority to keep control of the chamber in the 2026 midterms, when the party in power traditionally faces political headwinds and loses seats. Democrats need a three-seat pick-up to win back the House majority.

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Trump’s first target: Texas.

A month later, when asked by reporters about his plan to add Republican-leaning House seats across the country, the president said, “Texas will be the biggest one. And that’ll be five.”

The push by Trump and his political team triggered a high-stakes redistricting showdown with Democrats to shape the 2026 midterm landscape in the fight for the House majority.

Republican Gov. Greg Abbott of Texas called a special session of the GOP-dominated state legislature to pass the new map.

But Democratic state lawmakers, who broke quorum for two weeks as they fled Texas in a bid to delay the passage of the redistricting bill, energized Democrats across the country.

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HERE ARE THE NEXT BATTLEGROUNDS IN REDISTRICTING FIGHT

Among those leading the fight against Trump’s redistricting was Democratic Gov. Gavin Newsom of California.

California voters overwhelmingly passed Proposition 50, a ballot initiative that will temporarily sidetrack the left-leaning state’s nonpartisan redistricting commission and return the power to draw the congressional maps to the Democratic-dominated legislature.

That is expected to result in five more Democratic-leaning congressional districts in California, which aimed to counter the move by Texas to redraw their maps.

The fight quickly spread beyond Texas and California.

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Right-tilting Missouri, North Carolina and Ohio have drawn new maps as part of the president’s push.

In blows to Republicans, a Utah district judge this month rejected a congressional district map drawn up by the state’s GOP-dominated legislature and instead approved an alternate that will create a Democratic-leaning district ahead of the 2026 midterm elections.

Indiana Lt. Gov. Micah Beckwith announces the results of a vote to redistrict the state’s congressional map, Thursday, Dec. 11, 2025, at the Statehouse in Indianapolis. (Michael Conroy/AP Photo)

And Republicans in Indiana’s Senate defied Trump, shooting down a redistricting bill that had passed the state House.

But Trump scored a big victory when the conservative majority on the Supreme Court late last year greenlighted Texas’ new map.

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Other states that might step into the redistricting war are Democratic-dominated Illinois and Maryland and two red states with Democratic governors, Kentucky and Kansas.

Democratic National Committee chair Ken Martin, responding to the news from Florida, argued in a statement that “Ron DeSantis is bending the knee to Washington Republicans once again by agreeing to rig Florida’s congressional map ahead of the 2026 midterms.”

Some lawmakers have warned that rampant redistricting will only lead to escalating political tensions. Sen. Rand Paul, R-Ky., said last month that it may even result in violence.

MARYLAND GOV WES MOORE BRUSHES OFF TOP STATE DEMOCRAT’S WARNING ON REDISTRICTING POSSIBLY BACKFIRING

“You know, it’s this escalation on both sides,” Paul said. “Both sides are doing it, and so is one side going to sit quietly and not do it? You can argue who started it. But I do think this, and, this is on the negative aspect of both parties doing this, I think it’s going to lead to more civil tension and possibly more violence in our country, because think about it.”

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“If 35% of Texas is Democrat, solidly Democrat, and they have zero representation. Or like in my state, we’re a very Republican state, but we have one Democrat area in Louisville and we have a Democratic congressman. We could carve up Louisville and get rid of that one congressman, but how does that make Democrats feel? I think it makes them feel like they’re not represented,” he continued.

Paul did not solely blame Republicans or Democrats for the redistricting fight but expressed concerns about how far it has escalated.

Florida is one of many states exploring redistricting ahead of the 2026 elections. (Joe Raedle/Getty Images)

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“I’m saying it’s a mistake for both parties,” Paul said. “I know exactly how we de-escalate this, because once Texas is done and changed five seats to be more Republican, California’s gonna do the same thing. And it’s back and forth, and back and forth. How do you put the genie back in the box? How do you get back to détente? How do you do something better? I think there is the potential that when people feel they have no representation, that they feel disenfranchised, that it could lead, that it might lead to violence in our country.”

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Fox News’ Lindsay Kornick contributed to this report.

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