In Montgomery, Alabama, the state requested a judge to reject defense lawyers’ plea to film the upcoming execution by nitrogen gas to aid courts in assessing the method’s humanity. The request to record Alan Miller’s execution on September 26 was made by attorneys representing Carey Dale Grayson, who is also facing the death penalty. They are questioning the constitutionality of the process following Alabama’s first execution by nitrogen gas in January when Kenneth Smith was executed.
Lawyers for Carey Dale Grayson expressed concerns over the use of Alabama’s nitrogen hypoxia protocol, citing Smith’s execution where witnesses observed him shaking on the gurney during the procedure. Despite Attorney General Steve Marshall labeling the execution as a success, Grayson’s legal representatives suggested videotaping future nitrogen executions to ensure an accurate record is maintained.
Historically, courts have rarely permitted executions to be filmed. A Georgia man’s lethal injection was recorded in 2011 under court approval, and a California execution in 1992 was also recorded due to legal challenges. However, the Alabama Attorney General’s office urged U.S. District Judge R. Austin Huffaker, Jr. to dismiss the request for recording Grayson’s execution, arguing that it would unjustly interfere with the state’s execution process.
Alabama Department of Corrections Commissioner John Q. Hamm expressed security and logistical concerns about placing a camera and videographer in the execution chamber or witness rooms. He also emphasized that recording the execution could compromise the solemnity of the proceedings.
