clear
Friday July 20th, 2018 8:21PM

Drug company's lawsuit could derail Nevada execution

By The Associated Press
Related Articles
  Contact Editor

LAS VEGAS (AP) — A Nevada inmate slated to die by a three-drug lethal injection combination never before used in the U.S. has said repeatedly he wants his sentence carried out and he doesn't care if it's painful.

But a last-minute lawsuit filed by a drug company that doesn't want its product used in "botched" executions could derail Scott Raymond Dozier's scheduled Wednesday execution.

New Jersey-based Alvogen filed court documents Tuesday saying Nevada prison officials illegally obtained the sedative midazolam and demanding it be returned and not used in Dozier's execution.

"Midazolam is not approved for use in such an application," the document said, adding uses of midazolam in other states "have been extremely controversial and have led to widespread concern that prisoners have been exposed to cruel and unusual treatment."

Clark County District Judge Elizabeth Gonzalez scheduled a hearing Wednesday to decide if the execution can take place just hours later. A Nevada prisons spokeswoman did not comment.

Midazolam was substituted in May for expired prison stocks of diazepam, a similar sedative commonly known as Valium. Nevada's first-of-its-kind plan also calls for the powerful synthetic opioid fentanyl to slow Dozier's breathing and the muscle paralytic cisatracurium to prevent movement and stop his breathing.

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

Pharmaceutical companies have been resisting the use of their drugs in executions for 10 years, citing both legal and ethical concerns, but McKesson Corp. became the first company to sue in the U.S. last year over use of its product in an Arkansas execution, said Robert Dunham, executive director of the Death Penalty Information Center.

McKesson said it wanted nothing to do with executions and accused the state of obtaining vecuronium bromide, a drug used to stop inmates' lungs, under false pretenses.

The Arkansas Supreme Court ruled against the company and allowed that execution to go forward, but legal questions about whether pharmaceutical companies can block use of their drugs in the death penalty haven't been resolved, Dunham said.

The twice-convicted killer in Nevada has said he prefers death to life behind bars.

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

Dozier, who attempted suicide in the past, repeated his desire to die during recent interviews with the Reno Gazette Journal and Las Vegas Review-Journal.

"Life in prison isn't a life," the 47-year-old told the Review-Journal . He has not responded to messages through his lawyers to speak with The Associated Press.

Dozier, son of a federal water engineer, grew up in Boulder City, Nevada, and attended high school in Phoenix. He is an honorably discharged Army veteran; a divorced father who became an emergency medical technician during his then-wife's high-risk pregnancy; a pastels painter; a landscaper; and a methamphetamine user, maker and dealer.

He was close to his grandfather, who killed himself when Dozier was 5. He told a clinical psychologist who testified at his trial that he was sexually abused by a teenage male neighbor from ages 5 to 7.

The psychologist diagnosed Dozier with anti-social personality disorder with narcissistic traits.

There's a limit to how much artwork and exercise a person can do in prison, Dozier said in court hearings and letters to Clark County District Judge Jennifer Togliatti, who postponed his execution last year.

Togliatti presided over the 2007 trial in which a Nevada jury decided Dozier should die for murder convictions in Arizona and Nevada in separate slayings of drug-trade associates, according to court records.

In 2005, Dozier was sentenced to 22 years in prison for shooting 26-year-old Jasen Greene, whose body was found in 2002 in a shallow grave outside Phoenix. A witness testified that Dozier used a sledgehammer to break Greene's limbs so the corpse would fit in a plastic tote that Dozier used to transport meth, equipment and chemicals.

Dozier was sentenced to die for robbing, killing and dismembering 22-year-old Jeremiah Miller at a Las Vegas motel in 2002. Miller had come to Nevada to buy ingredients to make meth. His decapitated torso was found in a suitcase in an apartment building trash bin, also missing lower legs and hands. He was identified by tattoos on the shoulders. His head was never found.

Relatives of Dozier's victims are not expected at his execution, Nevada prisons spokeswoman Brooke Santina said. Several Dozier family members are expected to attend.

Dozier suspended any appeals of his conviction and sentence, which would make him one of about 10 percent of the 1,477 inmates who gave up appeals and were executed nationwide since 1977, according to the Death Penalty Information Center.

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

The judge invited state Supreme Court review, saying she expected the Nevada execution to be closely watched by officials in states that have struggled in recent years to identify and obtain drugs from pharmaceutical companies that don't want their products used for the death penalty.

The state high court in May decided on procedural grounds that the execution could go forward but did not review the three-drug protocol that death penalty experts have characterized as experimental and risky.

"Because Nevada is using a combination of drugs that no one has used before, there is a lot about its protocol that we don't know anything about," Dunham said.

The midazolam is expected to render Dozier unconscious before he is injected with the fentanyl. That will be followed by the muscle paralyzing drug.

Midazolam has been used with inconsistent results in states including Alabama, Arkansas, Arizona, Florida and Ohio. Dunham noted the 2014 executions of Dennis McGuire in Ohio and Joseph Rudolph Wood III in Arizona left both inmates gasping and snorting before they died.

Nevada's last execution occurred in 2006, when Daryl Linnie Mack asked to be put to death for his conviction in a 1988 rape and murder in Reno.

  • Associated Categories: U.S. News, Associated Press (AP), AP National News, Top U.S. News short headlines, AP Health, AP Business, AP Business - Corporate News, AP Business - Small Business
© Copyright 2018 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Drug company's lawsuit could derail Nevada execution
The convicted Nevada inmate slated to die by a three-drug lethal injection combination never before used in the U.S. has said repeatedly he wants his sentence carried out and he doesn't care about pain and suffering
6:12PM ( 5 minutes ago )
Emotions high as Kavanaugh begins fight for confirmation
Supreme Court nominee Brett Kavanaugh plunges into his confirmation battle on Capitol Hill
6:02PM ( 16 minutes ago )
The Latest: Pogba dedicates France win to freed Thai players
Paul Pogba has paused after the biggest win of his international career to dedicate it to the Thai soccer team whose last members were freed from a flooded cave hours earlier.
6:02PM ( 16 minutes ago )
Associated Press (AP)
Lawsuits alleging Roundup caused cancer can move forward
Hundreds of lawsuits alleging Roundup weed killer caused cancer have cleared a big hurdle
5:22PM ( 55 minutes ago )
Judge: Experts can testify that Roundup linked to cancer
A U.S. judge in San Francisco says evidence seems weak that Roundup weed killer can cause cancer, but experts can still make that claim at trial
2:29PM ( 3 hours ago )
Nevada inmate wants his death sentence, painful or not
The convicted Nevada inmate slated to die by a three-drug lethal injection combination never before used in the U.S. has said repeatedly he wants his sentence carried out and he doesn't care about pain and suffering
1:04PM ( 5 hours ago )
AP Health
Trump replacement for Obama climate plan moves forward
The Trump administration is advancing its plan to replace the centerpiece of President Barack Obama's efforts against global warming with a new rule expected to be friendlier to the coal industry
5:31PM ( 46 minutes ago )
As German neo-Nazi trial ends, families demand more answers
Families of those killed by a neo-Nazi group that sought to terrorize migrants in Germany have called for the investigation into the case to continue, even as the trial of its only known surviving member and four supporters draws to a close this week
4:59PM ( 1 hour ago )
Senate panel OKs Trump's pick to lead troubled VA
A Senate panel has voted to approve President Donald Trump's pick to lead the Department of Veterans Affairs
4:43PM ( 1 hour ago )
AP Business
Senate panel OKs Trump's pick of Wilkie to lead troubled VA
A Senate panel has voted to approve President Donald Trump's pick to lead the Department of Veterans Affairs
2:43PM ( 3 hours ago )
US stock indexes are mixed; Pepsi rallies on solid results
US stocks are giving up most of an early gain and are mixed, while PepsiCo is climbing after a solid second quarter report
1:54PM ( 4 hours ago )
Hard Rock, Bet365 plan sports betting in New Jersey
Hard Rock has signed a deal with a British online gambling company to offer sports betting as soon as the arrangement is approved by New Jersey gambling regulators
1:14PM ( 5 hours ago )
AP Business - Corporate News
Emotions high as Kavanaugh begins fight for confirmation
Supreme Court nominee Brett Kavanaugh plunges into his confirmation battle on Capitol Hill
6:02PM ( 16 minutes ago )
The Latest: Pogba dedicates France win to freed Thai players
Paul Pogba has paused after the biggest win of his international career to dedicate it to the Thai soccer team whose last members were freed from a flooded cave hours earlier.
6:02PM ( 16 minutes ago )
Lawsuit aims to get effort to split up California off ballot
Opponents of initiative to divide California in 3 ask state Supreme Court to pull measure from ballot
5:46PM ( 31 minutes ago )
Demonstrators force Fox crew from Supreme Court broadcast
Fox News host Shannon Bream says the network had to move a live broadcast indoors after she felt threatened by demonstrators outside the U.S. Supreme Court
5:43PM ( 34 minutes ago )
Nationals closer Doolittle on DL; will miss All-Star Game
The Washington Nationals placed all-star closer Sean Doolittle on the 10-day disabled list with left toe inflammation and optioned right-handed pitcher Jefry Rodriguez to Triple-A Syracuse on Tuesday
5:42PM ( 36 minutes ago )