Sunday, 22 July, 2018

Nevada execution blocked after NJ company objects to use of its drug

Nevada condemned killer set to die as legal fight over execution drug is waged Nevada execution blocked after NJ company objects to use of its drug
Jeannette Daniel | 12 July, 2018, 01:50

Dozier is slated to die Wednesday, July 11, 2018, by a three-drug lethal injection combination never before tried in any state and has said repeatedly he wants his sentence carried out and he doesn't care if it's painful.

Lauren Kaufman, staff attorney with the American Civil Liberties Union of Nevada, which filed a separate lawsuit last week seeking public records related to the state's lethal injection procedures, said the group was anticipating Wednesday's arguments.

A Nevada judge effectively put the execution of a two-time killer on hold Wednesday after a pharmaceutical company objected to the use of one of its drugs to put someone to death. Pfizer protested past year, but Nevada refused the pharmaceutical company's demand to return the diazepam and fentanyl it manufactured.

That case wound up in the Nevada Supreme Court, where the justices unanimously overturned the district judge's ruling in May, according to CNN affiliate KSNV.

Death row inmate Scott Dozier appears before District Judge Jennifer Togliatti during a hearing about his execution at the Regional Justice Center on September 11, 2017, in downtown Las Vegas.

"I've been very clear about my desire to be executed ... even if suffering is inevitable", Scott Raymond Dozier said in a handwritten note to a state court judge who postponed his execution last November over concerns that the untried drug regimen could leave him suffocating, conscious and unable to move a muscle.

The department of corrections will not comment on the case.

Family members of Dozier's victims are not expected at his 8 p.m. execution at Ely State Prison, 250 miles north of Las Vegas, Nevada prisons spokeswoman Brooke Santina said.

Critics are warning about the "very real risk of a botched execution" in what is to be the first U.S. case of capital punishment using fentanyl.

New Jersey-based Alvogen had urged the judge to block the use of its sedative midazolam, saying the state illegally secured the product through "subterfuge" and intended it for unapproved purposes. He said Alvogen didn't have a contract in place with Cardinal Health that would have blocked the drug's sale for executions. But the company did not immediately ask to formally join Alvogen's lawsuit.

The Eight Judicial District Court issued a temporary restraining order halting the use of the drug.

Pharmaceutical companies have ethically opposed states using their drugs for capital punishment for years, but this is only the second lawsuit to be filed, the AP reported.

More news: Trump slams Russia's 'captive' Germany over gas deal ahead of North Atlantic Treaty Organisation summit

Nevada refused Pfizer's demand previous year to return the company's diazepam and fentanyl, which has been blamed for overdoses nationwide but has not been used in an execution.

Nebraska is also considering the use of fentanyl in combination with other drugs for executions, according to the Death Penalty Information Center.

Jordan T. Smith, an assistant Nevada solicitor general, countered at Wednesday's hearing that the state didn't put up a "smokescreen" or do anything wrong in getting the drugs.

"Life in prison isn't a life", Dozier told the Las Vegas Review-Journal.

Last year, a pharmaceutical company sued the state of Arkansas over drugs used in its lethal injections, but was unsuccessful.

Midazolam was substituted in May for expired prison stocks of diazepam, a similar sedative commonly known as Valium.

The sedative is meant to render the inmate unconscious before he is administered the synthetic opioid fentanyl and then paralytic agent cisatracurium.

His would be the first execution in Nevada since 2006.

Dozier, who attempted suicide in the past, has said he prefers execution to life behind bars. Miller's head was never found and he was identified by tattoos on his torso.

He was convicted of second-degree murder in the Arizona slaying of Jasen "Griffin" Greene and sentenced to 22 years in prison in 2005, before he was brought to Nevada to face charges in Miller's death.

He did, however, let federal public defenders challenge the execution protocol drawn up a year ago by state medical and prison officials. They argued the untried three-drug combination would be less humane than putting down a pet.

Recommended

Astros send reliever Ken Giles to Triple-A The Astros recalled left-hander Cionel Perez from Double A Corpus Christi Wednesday. "He was pretty mad in the dugout". When asked about it after the game, Hinch said he'd have to ask Giles if it was directed at him.

The strategic way Meghan Markle avoided the spotlight at Prince Louis's christening The strategic way Meghan Markle avoided the spotlight at Prince Louis's christening She kept her eye on the press pack as she and the rest of the family headed off for a private afternoon tea at Clarence House . The Royal Christening Robe was made in 1841 for the christening of Queen Victoria's eldest daughter, Victoria, Princess Royal.

Justin Bieber finally confirms his engagement with Hailey Baldwin Justin Bieber finally confirms his engagement with Hailey Baldwin You make me so much better and we compliment each other so well! He further promised to lead his family with honour and integrity. There you go! Justin is clearly in love and sounds like Hailey will be his life partner for the rest of his days.

Between Saturn and its satellites recorded strange sounds Between Saturn and its satellites recorded strange sounds The RPWS instrument was built by the University of Iowa, working with team members from the US and several European countries. The Cassini-Huygens mission is a cooperative project of NASA, ESA (European Space Agency) and the Italian Space Agency.

Judge orders Paul Manafort moved to suburban Washington jail Judge orders Paul Manafort moved to suburban Washington jail Manafort's attorney said the distance of Northern Neck jail - two hours from Washington , D.C. - has made it hard to adequately prepare for trial.

‘Goosebumps 2’ Trailer: Slappy Is Back For A Haunted Halloween Yesterday, Sony and Goosebumps teased the release of the trailer with a tweet from the film's villain, Slappy. Slappy is back to wreak more havoc this Halloween in a brand-new comedy adventure based on R.L.

On this Day in 1998, Croatia Won World Cup Bronze On this Day in 1998, Croatia Won World Cup Bronze Our players are the ambassadors and football has the power to spread the message of unity and I think we are doing the same. Still the unthinkable and incredulity of the whole situation has influenced the England team.

China's CATL to build electric vehicle battery plant in Germany China's CATL to build electric vehicle  battery plant in Germany CATL's initial investment in the new factory will total 240 million euros. It declined to say how much the boost will cost.

Modric reveals Croatia biggest concern ahead of England clash Modric reveals Croatia biggest concern ahead of England clash They are making us all proud. "We took a hard route and we were unlucky, particularly in previous tournaments, especially the Euros".

China says it is 'shocked' by United States actions in trade dispute China says it is 'shocked' by United States  actions in trade dispute The move marked the latest escalation of the ongoing trade war between Washington and Beijing . The US omitted some high-profile items like mobile phones.

Alexander Zverev defeats Taylor Fritz in Wimbledon second round Alexander Zverev defeats Taylor Fritz in Wimbledon second round His win on Saturday was his third successive five-setter having also played three matches in qualifying. I started to play smarter. "I was seeing the ball much better".

How Three Lions can reach the World Cup final How Three Lions can reach the World Cup final The midfield, in particular, has an enviable El Clásico combination of Real Madrid's Luka Modric and Barcelona's Ivan Rakitić. However, in the five England games he has officiated in, the Three Lions have not lost.

Guitar man Anderson wants rhythm not blues against Federer Guitar man Anderson wants rhythm not blues against Federer World number one Nadal faces a tricky test against power-hitter del Potro in his first Wimbledon quarter-final since 2011. He clawed his way from two-sets down to win 2-6, 6-7 (5/7), 7-5, 6-4, 13-11 in four hours and 13 minutes.

Caroline Flack and fiance Andrew Brady split Caroline Flack and fiance Andrew Brady split Caroline, 38, and Andrew, 27, briefly split in March when the reality TV hunk was accused of getting close to another woman. Unfortunately it was not to be. "Unfortunately it was not meant to be and I wish her all the best in the future".

Croatia vs England Semifinals Live Updates And Latest Match Action Croatia vs England Semifinals Live Updates And Latest Match Action Sumpter is an applied mathematician and author of "Soccermatics", a book that explains how math works inside the sport. If you don't have pay TV, you can still watch the World Cup 2018 for free on these channels with a digital antenna .