Drug firm’s objection halts execution

ALVOGEN CONTENDS IT NEVER INTENDED FOR SEDATIVE TO BE USED FOR EXECUTIONS

The delay came after Nevada announced it would substitute the sedative midazolam for expired prison stocks of diazepam, known as Valium.

AUS state trying to execute its first inmate in 12 years using an untested combination of drugs is heading back to planning stages and a twiceconvicted killer who accepted his capital punishment returns to death row after a court postponed his lethal injection to allow a drug company to argue that it never intended for a sedative that it makes to be used for executions.

Scott Raymond Dozier’s lawyer, Thomas Ericsson, called Wednesday “a rollercoaster” for Dozier, his family and two close friends who were meeting for what they believed to be the last time at a prison in the remote northeastern city of Ely when they were notified that Dozier’s execution was off.

Dozier, whose execution also was postponed in November amid concerns about the drugs being used and who has attempted suicide in the past, was disappointed, Ericsson said. Dozier, 47, has said he wants to die rather than spend his life in prison.

Prisons spokesperson Brooke Santina said Dozier was placed on suicide watch as a precaution to give officials time to have him undergo a psychological evaluation. Dozier was also placed on suicide watch after his execution was postponed in November.

Wednesday’s delay came after Nevada announced last week that it would substitute the sedative midazolam for expired prison stocks of diazepam, commonly known as Valium. That raised concerns among death penalty experts about whether Dozier would be unconscious enough not to react to pain when fentanyl was administered.

Midazolam maker Alvogen of New Jersey filed a lawsuit in Nevada state court accusing Nevada of illegally securing midazolam for unapproved purposes.

The delay leaves Nevada reassessing its options and stokes a debate about how the 31 states that allow capital punishment can put anyone to death in an era when pharmaceutical companies ban their products for that use.

Legal challenge

Pharmaceutical companies have resisted the use of their drugs in executions for ten years, citing legal and ethical concerns.

Dozier told a judge that he doesn’t really care if he suffers when he dies. But he allowed lawyers last year to challenge the three-drug method that Nevada planned to use, including the sedative diazepam, the potent opioid fentanyl and a muscle paralyzing drug called cisatracuriam. None had ever been used in an execution before.

Todd Bice, an attorney for Alvogen, said the company had sent a letter to state officials in April telling them it opposes the use of midazolam in executions.

Alvogen cited public criticism of “botched” executions in states when midazolam had been used. It could now be several months before Dozier’s execution is scheduled again.