Waiting Out The Clock

Nevada inmate argues against lethal injection, wants firing squad

ANevada inmate scheduled to die by lethal injection is asking for a stay, contending the state’s cocktail of drugs used to carry out the sentence is untried and poses a risk for “cruel and unusual punishment.”

But Zane Michael Floyd, convicted of four 1999 Las Vegas murders, says he’s not asking to be spared. No, he wants his sentence carried out by firing squad or a single does of a barbiturate.

Nevada hasn’t executed anyone in 15 years. And has never used the currently available sequence of drugs set for Floyd’s execution — the sedative ketamine, pain-killer fentanyl, heart-stopping sodium chloride and cisatracurium, which paralyzes the muscles.

Nevada law doesn’t allow for a firing squad and the state has so far been unable to obtain a single-dose barbiturate such as pentobarbitol used in Texas and federal executions from a legal U.S. manufacturer to use for executions.

But Floyd’s lawyers say he has a right to choose how to die and is not limited by methods already authorized by the state.

Floyd may get a stay, but his long-term chances aren’t good. The U.S. Supreme Court in May refused to hear the appeal of condemned Missouri inmate who wanted to die by firing squad rather than lethal injection.

We suspect Floyd and his lawyers know his prospects are grim. But they hope to further delay the justice a jury imposed.

This year Nevada lawmakers tried to abolish the death penalty. It passed in the state’s lower house but was blocked last month in the Senate. Even if he wins this stay, It’s doubtful Floyd can delay his execution until capitol punishment foes get another chance in 2023. But you never know.