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Amid an internal investigation into a failed execution attempt, the state of Alabama is attempting to set a new date for the execution of Alan Eugene Miller.
On Tuesday, the Attorney General’s office filed the motion before the Alabama Supreme Court to set a new execution date for Miller, although a time frame was not provided.
The state attempted to execute Miller on September 22 but called it off after officials stated they struggled to find a vein.
The execution was attempted the same day the Supreme Court gave the state the green light.
U.S. District Judge R. Austin Huffaker, Jr. issued the order at the request of the inmate’s lawyers, who are trying to gather more information about what happened during the attempted execution.
Huffaker ordered the Alabama Department of Corrections to locate and preserve all evidence related to the attempted execution, including notes, emails, texts and used medical supplies such as syringes, swabs, scalpels and IV lines. He also granted a request from Miller’s attorney to visit him and photograph what they said were “injuries from the attempted execution.”
Miller was convicted of murdering three coworkers in a shooting rampage. A defense psychiatrist said Miller was delusional and suffered from severe mental illness, which caused him to believe his coworkers were spreading rumors about his sexual orientation.
Miller has continuously requested to be put to death by nitrogen hypoxia, a means of execution that the state is currently preparing.
Miller claims he requested execution by nitrogen hypoxia in 2018, but his request was mishandled by prison staff, a claim denied by ADOC officials.
ADOC told a federal judge last week that Alabama “has completed many of the preparations necessary for conducting executions by nitrogen hypoxia” but is currently incapable of carrying it out.
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