Governor Kay Ivey says the "top-to-bottom" review of the state's execution process is complete and has welcomed Attorney General Steve Marshall to ask the Supreme Court to issue an execution warrant whenever he chooses.
In November 2022, the state called off the execution of Kenneth Eugene Smith after officials with the Alabama Department of Corrections (ADOC) failed to establish an intravenous (IV) line to administer the lethal concoction of chemicals in the state's protocol.
In September, Alan Eugene Miller's execution was also called off after ADOC officials failed to establish an IV line.
Due to the botched executions, Ivey asked Marshall to withdraw the state's remaining motions before the Alabama Supreme Court to set execution dates for death row inmates.
Ivey also asked Marshall not to seek additional executions until ADOC Commissioner John Hamm can "undertake a top-to-bottom review of the state's execution process and how to ensure the state can successfully deliver justice going forward."
On Friday, Ivey sent a letter to Marshall, saying the review had concluded, and Marshall was free to petition for an execution whenever he deems appropriate.
In her letter to Marshall, Ivey said ADOC "is as prepared as possible to carry out death sentences going forward." She concluded the letter by saying that ADOC is prepared to execute inmates in a Constitutional manner even though "death-row inmates will continue doing everything within their power to evade justice."
"Late last year, I asked you to withdraw two requests to set execution dates that were pending with the Alabama Supreme Court," Ivey said in her letter. "I also asked you to refrain from seeking any further execution dates to allow the Department of Corrections an opportunity to conduct a "top-to-bottom" review of its execution procedures. Thank you for your assistance in this regard."
"Far too many Alabama families have waited for far too long —often for decades— to obtain justice for the loss of a loved one, and to obtain closure for themselves. This brief pause in executions was necessary to make sure that we can successfully deliver that justice and that closure."
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