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Offbeat Execution blocked after company objects to use of its drug

22:20  11 july  2018
22:20  11 july  2018 Source:   msn.com

High court denies stay of execution for condemned killer

  High court denies stay of execution for condemned killer Ohio's Supreme Court has denied a condemned killer's motion to stay his execution. The court denied death row inmate Robert Van Hook's motion Thursday without additional comment. He was sentenced to die for fatally strangling and stabbing David Self in Cincinnati in 1985. His execution is set for July 18.Van Hook had filed a motion seeking the execution delay while he pursues a challenge in a lower court to Ohio's adoption of its lethal injection protocol.

“With Pfizer’s announcement, all F.D.A.-approved manufacturers of any potential execution drug have now blocked their sale for this purpose,” said Maya Foa, who tracks drug companies for Reprieve, a Akorn, the only approved company making that drug , has tried to prevent its use in executions .

"With Pfizer's announcement, all FDA-approved manufacturers of any potential execution drug have now blocked their sale for this purpose," said Maya Foa, who tracks drug companies for Reprieve, a Akorn, the only approved company making that drug , has tried to prevent its use in executions .

LAS VEGAS — 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.

Nevada plans to execute inmate next week using controversial drug

  Nevada plans to execute inmate next week using controversial drug The Nevada Department of Corrections released its plan Tuesday to execute convicted killer Scott Dozier next week by using a controversial, never-before-tried cocktail of drugs that includes the use of a paralytic. Dozier, 47, has been on death row in Nevada since he was convicted 11 years ago of killing and dismembering Jeremiah Miller in Las Vegas. He also was convicted of murder in Arizona.His execution is set for the night of July 11.The case has drawn national scrutiny as Nevada attempts to use the paralytic drug cisatracurium in conjunction with midazolam and fentanyl.

The pharmaceutical company urged a judge to block the use of midazolam, saying the state of Nevada obtained A second pharmaceutical company , Sandoz, also raised objections Wednesday to the use of one of its drugs - the muscle-paralyzing substance cisatracurium - in the execution .

Pharmaceutical company Pfizer said Friday it was blocking use of its drugs in lethal injections, which means all federally-approved drug makers whose medications could be used for executions have now put them off limits. “Pfizer makes its products to enhance and save the lives of the patients we serve.

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

Nevada state prisons spokeswoman Brooke Santina had no immediate comment.

New Jersey-based Alvogen had urged the judge to block the use of its sedative midazolam, saying that the state illegally obtained the product through "subterfuge" and intended to use it for unapproved purposes. The pharmaceutical company raised concerns that the drug could lead to a botched execution, citing cases that seemingly went awry elsewhere around the country.

Todd Bice, an attorney with Alvogen, accused the state of deceptively obtaining the company's 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 its products in executions, particularly midazolam.

Nevada judge halts use of drug in planned execution

  Nevada judge halts use of drug in planned execution <p>Nevada judge halts use of drug in planned execution, delaying Nevada's death by lethal injection after drugmaker sues .</p>

NYC to Roll Out Buses of Peacekeepers After Violence in Communities. The company ’s new controls tighten an already diminishing spigot of drugs states have relied on to execute inmates, and send a clear message that the pharmaceutical giant objects to is products being used in executions .

The company added that it “strongly objects to the use of its products as lethal injections for capital Pfizer’s decision to tighten the controls on how its drugs are used follows its 2015 acquisition of This followed Tennessee’s decision to allow executions by electric chair if the execution drugs

The judge ruled that based on that letter, Alvogen had a reasonable probability of winning its lawsuit, and she issued the temporary restraining order against the use of the drug. Gonzalez set a hearing in the case for Sept. 10.

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.

A second pharmaceutical company, Sandoz, also raised objections at Wednesday's hearing to the use of one of its drugs — the muscle-paralyzing substance cisatracurium — in the execution. But the company did not immediately ask to formally join Alvogen's lawsuit.

A third company, Pfizer, last year demanded Nevada return the third drug intended for use in the execution, the powerful opioid fentanyl. But the state refused. Fentanyl, which has been blamed for deadly overdoses across the country, has not been used before in an execution.

Death penalty opponents voice concerns after Neb. execution date set for killer

  Death penalty opponents voice concerns after Neb. execution date set for killer Opponents of the death penalty fear the next month will become a "media circus" as the state prepares for its first execution in over two decades. On Thursday, the Nebraska Supreme Court set Aug. 14 as the execution date for condemned killer Carey Dean Moore, the longest-serving inmate on death row. "What we're going to see here over the next six weeks, is a circus," Matt Maly, of Nebraskans for Alternatives to the Death Penalty, said. On Thursday, the Nebraska Supreme Court set Aug. 14 as the execution date for condemned killer Carey Dean Moore, the longest-serving inmate on death row.

The drug company , Pfizer put out a press release saying it doesn't want it ' s products to be used in executions of prisoners. Consistent with these values, Pfizer strongly objects to the use of its products as lethal injections for capital punishment."

"Pfizer strongly objects to the use of its products as lethal injections for capital punishment," the company said in a statement. Related: Ohio Scraps All Executions Until 2017 Over Drug Shortages.

Jordan T. Smith, an assistant Nevada solicitor general, countered at Wednesday's hearing that Nevada didn't put up a "smokescreen" or do anything wrong in getting the drugs. He said drugs ordered by the state prison system are regularly shipped to Las Vegas.

"This whole action is just PR damage control," Smith said of Alvogen.

Pharmaceutical companies have resisted the use of their drugs in executions for 10 years, citing both legal and ethical concerns. However, 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, filed last year by a different company in Arkansas, was ultimately unsuccessful in stopping that execution.

Alvogen's midazolam was substituted in May for Nevada's expired stock of diazepam, commonly known as Valium. The drug is intended to render the inmate unconscious. Nevada's new execution protocol also calls for the use of fentanyl to slow the inmate's breathing and cisatracurium to stop his breathing.

Nevada execution plans to use sedative blamed for troubles elsewhere

  Nevada execution plans to use sedative blamed for troubles elsewhere A sedative that Nevada prison officials plan to use next week for the first lethal injection in the state since 2006 has been blamed for problems during executions.The U.S. Supreme Court ruled in 2015 that the drug, midazolam, can be used in lethal injections. But the American Civil Liberties Union of Nevada pointed Thursday to Arizona's decision to stop using it following an execution that took nearly two hours to kill Joseph Rudolph Wood a year earlier.

Pharmaceutical company Pfizer said Friday it was blocking use of its drugs in lethal injections, which means all federally-approved drugmakers whose medications could be used for executions have now put them off limits.

The FDA found that the pharmacy was not testing all of its drugs for sterility and bacterial The embedded object turned out to be bacteria. At first, Blakeley, the company ’s CEO, denied that it was Shortly after the pharmacy’s name was revealed, it agreed to no longer sell execution drugs .

Bice said that Alvogen does not take a position on the death penalty itself but opposes the use of the drug in a way that is fundamentally contrary to the drug's purpose — saving and improving patients' lives.

In court papers, Alvogen also cited the risk of a botched execution, citing instances in Alabama, Arizona and Oklahoma in the past few years in which inmates were left gasping or snorting, appeared to regain consciousness or took an unusually long time to die.

Dozier, who attempted suicide in the past, has said he prefers execution to life behind bars.

"Life in prison isn't a life," the Army veteran and methamphetamine user and dealer told the Las Vegas Review-Journal recently. In court hearings and letters, he said there is a limit to how much artwork and exercise a person can do in prison.

Dozier was sentenced to death in 2007 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 2005, Dozier was sentenced to 22 years in prison for shooting to death another drug-trade associate, 26-year-old Jasen Greene, whose body was found in 2002 in a shallow grave outside Phoenix. A witness testified Dozier used a sledgehammer to break Greene's limbs so the corpse would fit in a plastic storage container.

Though Dozier dropped attempts to save his own life, he allowed federal public defenders to challenge the execution protocol. They argued that the untried three-drug combination would be less humane than putting down a pet.

Nevada's last execution was in 2006.

___

Associated Press writers Lindsay Whitehurst and Julian Hattem in Salt Lake City contributed to this report.

Lethal injection trial: Bloody foam shows drugs cause pain, panic for condemned, expert says .
If death row inmates are essentially drowning when executed, their attorneys say Tennessee is conducting unconstitutional torture, attorneys say.An expert medical witness testified in Davidson County Chancery Court that autopsies of previously executed inmates showed evidence the inmates suffered symptoms also typically found in drowning, after injection of toxins into the body or after exposure to toxic gas.

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