A U.S. judge on Monday blocked Alabama from executing an inmate who says the state lost his paperwork requesting an alternative to lethal injection.
by Alabama and two other states for executions but no state has attempted to put an inmate to death by the untested method.
Miller testified last week that he returned a state form selecting nitrogen on the same day it was distributed to inmates by a prison worker. He said he left it in the slot of his cell door for a prison worker to collect, but did not see who picked it up. Miller described how he disliked needles because of painful attempts at drawing blood. He said the nitrogen method reminded him of the nitrous oxide gas used at dentist offices, and that seemed better than lethal injection.
The judge noted the possibility that Alabama might soon be able to use nitrogen. “From all that appears, the State intends to announce its readiness to conduct executions by nitrogen hypoxia in the upcoming weeks,” the judge wrote.
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