The state of Alabama is currently deciding whether to execute Alan Eugene Miller with the untested method of nitrogen hypoxia rather than traditional methods.
The method was signed into law in 2018 by Gov. Kay Ivey (R) after the state had problems with lethal injections and wanted alternatives, according to the Associated Press. It has also been approved for use in Oklahoma and Mississippi.
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Death by nitrogen hypoxia would have the prisoner breathe in pure nitrogen, which would cause the prisoner to be deprived of oxygen and lead to his or her death. The method is untested and has not been used in any of the states it is approved for, according to CBS News.
Miller claimed he signed a document in 2018 saying he would prefer to be executed by nitrogen hypoxia rather than lethal injection because of his fear of needles, according to reports.
“I did not want to be stabbed with a needle,” Miller said while testifying to a U.S. district judge. The state attorney general’s office has argued there is no corroborating evidence for Miller’s claims that he signed a document.
Miller’s lawyer says she doesn’t want him to be a test case for nitrogen hypoxia and is attempting to get his execution date delayed to allow for testing of the method and more information.
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Miller is scheduled to be executed on Sept. 22 after being convicted of murdering three people at his workplace in 1999.
