Alabama's capital city of Montgomery. An Alabama death row prisoner is scheduled to be put to death by lethal injection next month.
The execution of Alan Eugene Miller will take place in September 1999.
In order to designate nitrogen hypoxia as their execution method, inmates were given a brief window. Attorneys argued that Miller turned in a form and the state lost it. They're trying to stop the lethal injection from happening.
If the State had not lost Mr. Miller's form, he would have been put to death by lethal injection.
The state of Alabama doesn't have a system for using nitrogen to carry out executions so they don't set execution dates for inmates who use that method. Miller said in his statement that he gave the form to the officer.
The affidavit said that he gave his signed form to the officer. The officer wouldn't give him a copy of the form.
The issue of an execution date was raised by Miller's lawyers. The prison did not have a record of Miller's form.
The Alabama attorney general's office recently withdrew an execution date request for another prisoner after Miller's lawyers provided proof that he had selected nitrogen hypoxia, according to his attorneys. The state didn't have a record of the two copies of the election form the prisoner gave to his lawyers and a prison employee.
Miller was found guilty in the workplace killings of Lee Holdbrooks, Scott Yancy and Terry Jarvis. According to prosecutors, Miller killed Holdbrooks and Yancy at a business and then drove to another location to kill Jarvis. The men were shot many times.
Miller was found guilty after 20 minutes of deliberations and the jury recommended a death sentence.
Miller believed the men were spreading rumors about him and that he was gay, according to testimony. According to court documents, a defense Psychiatrist hired for the trial found that Miller suffered from severe mental illness, but he also said his condition wasn't bad enough to be used as a basis for an insanity defense.
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