Alabama Attorney General says there is no execution moratorium
Alabama Attorney General Steve Marshall is pushing for a quick review of the state's execution procedures.
Two weeks ago, Gov. Kay Ivey had asked Marshall to temporarily pause seeking any new execution dates while an internal evaluation of the lethal injection protocols was conducted.
The recent executions of Alan Miller and Kenneth Smith failed because prison staff could not find a proper vein to carry out their death penalties.
The backlash from the apparent botched lethal injections prompted Gov. Ivey's move.
On Monday, Marshall held a press conference reinforcing his stance on the death penalty, reminding the public that Miller and Smith may have delayed justice, but they had not escaped it.
"I look forward to hearing the results of that review, but we've been able to do this for quite some time, and I expect us to be able to do it in the future," Marshall said.
When asked when the Department of Corrections could be ready to implement the alternative form of execution known as nitrogen hypoxia, he could say.
At a hearing for Miller in mid-September when a federal judge asked one of Marshall's attorneys how likely it was that the inmate could be put to death by nitrogen hypoxia about a week later, the lawyer replied, "Very, very likely."
Marshall also used Monday as an opportunity to use strategic, last-minute appeals to force prison staff to begin process too late to complete it before the death certificate expired at midnight.
"If you're a defense lawyer representing an inmate you simply know that you have to push the clock back as far as possible. I think we saw that in the last two executions at no fault to the State of Alabama," Marshall said.
Marshall said he is willing to wait a reasonable time until the internal review is complete before requesting any new execution dates from the Alabama Supreme Court.