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Alabama will try to put Alan Eugene Miller to death a second time, but instead of using a fatal injection, they will use nitrogen gas.

Governor Kay Ivey has scheduled Miller’s execution for the 1999 murders of three coworkers to occur between midnight and six a.m. on September 27. This will be the second nitrogen hypoxia execution by the state, as Kenneth Eugene Smith was executed in January using the same technique.

On May 2, the Alabama Supreme Court gave Miller’s execution permission.

For the 1999 deaths of Lee Michael Holdbrooks, Christopher S. Yancy, and Terry Lee Jarvis—all of whom Miller felt were spreading untruths about him at work—he was found guilty of capital murder in 2000. Miller’s defense asserted that his mental disorder contributed to the victims’ gunshot deaths.

This will be the state’s second try at executing Miller, and it is set for September. In 2022, three death row convicts, including Miller, experienced botched executions. In September 2022, Alabama attempted to put Miller to death for the first time, but it failed with three executions that year.

Joe Nathan James, Jr. was put to death in July 2022 following an attempt that lasted for almost two and a half hours. Multiple puncture wounds on his body, indicating multiple attempts to secure a vein to deliver the medicines needed to execute him, were uncovered by an independent autopsy, according to The Atlantic.

That September, officials attempted unsuccessfully to establish an IV line for two hours, leading to the cancellation of Miller’s execution. He claimed that he was left hanging on the stretcher, bleeding. After another attempt to set up IV lines failed, Kenneth Eugene Smith’s execution was rescheduled for two months later.

Soon after Smith’s failed execution, Ivey issued a temporary halt on executions to give the Department of Corrections time to study the lethal injection technique and fix any issues.In February 2023, Ivey declared the moratorium to be removed, thereby resuming executions, following Corrections’ announcement of procedural modifications. Ivey and DOC failed to provide an explanation of those.

At the end of March, Miller filed a case in U.S. District Court, attempting to halt his impending execution. His lawyers claimed in the lawsuit that the state was violating his right to free expression by taking revenge on him for disclosing the state’s botched execution attempt.