Execution blocked after pharmaceutical company objects to the use of its drug

Associated Press

LAS VEGAS — A Nevada judge effectively blocked the execution of a twotime killer Wednesday after a pharmaceutical company objected to the use of one of its drugs to put someone to death.

Clark County District Judge Elizabeth Gonzalez disallowed the drug in a ruling that came less than nine hours before Scott Raymond Dozier, 47, was to be executed by injection with a three-chemical combination never before tried in the U.S.

State prison officials later called off the 8 p.m. execution, and a judge issued an order indefinitely postponing it.

Despite the maneuvering around him, Dozier had repeatedly expressed his desire to be put to death and had stopped fighting for his life. His attorney did not immediately respond to messages for comment.

At a hearing earlier in the day, New Jersey-based Alvogen 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. The pharmaceutical company also raised fears that the drug could lead to a botched execution, citing cases that apparently went awry elsewhere around the country.

Todd Bice, an attorney with Alvogen, accused the state of deceptively obtaining the drug by having it shipped to a pharmacy in Las Vegas rather than the state prison in Ely. He said Alvogen had sent a letter to state officials in April telling them it opposes the use of midazolam in executions.

The judge ruled that based on that letter, Alvogen had a reasonable chance of winning its case, and she issued the temporary restraining order. She set another hearing for Sept. 10.

Pharmaceutical companies have resisted the use of their drugs in executions for 10 years, citing legal and ethical concerns. But the legal challenge filed by Alvogen is only the second of its kind in the U.S., said Robert Dunham, executive director of the Death Penalty Information Center in Washington.

The previous challenge, brought last year by a different company in Arkansas, was ultimately unsuccessful.

Alvogen said in a statement that it was pleased with the ruling and will continue to work through the legal system to ensure its products are not used in executions.