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The Latest: Attorney says inmate accepts execution delay |

The Latest: Attorney says inmate accepts execution delay
The Latest: Attorney says inmate accepts execution delay Wed, 11 Jul 2018 20:12:33 EDT

The Latest on the execution of twice-convicted killer in Nevada (all times local):

5:10 p.m.

His lawyer says the Nevada death-row inmate whose execution was called off just hours ahead of time was meeting with family members and two close friends when he was told his death had been postponed.

Attorney Thomas Ericsson told The Associated Press on Wednesday that Scott Raymond Dozier wasn't shocked, and there was no outburst or anger.

Ericsson says Dozier knew a drug company was mounting a court challenge in Las Vegas to the use of its product in his lethal injection, so the postponement wasn't out of the blue.

State prisons spokeswoman Brooke Santina says officials notified Dozier and his family of the decision more than an hour before what would have been Dozier's final meal at 3 p.m.

Ericsson says Dozier and his family had prepared themselves for his death, but they understand that some things were outside their control. The attorney says they didn't immediately talk about what their next steps would be.

The 47-year-old twice-convicted murderer says he wants to die instead of spending the rest of his life on death row. He has suspended court challenges of his conviction and sentence, but he could change his mind at any time.

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4:21 p.m.

A prison official says the death-row inmate whose life was spared pending a legal battle over the drugs to be used for his lethal injection just hours away has been placed on suicide watch as a precaution.

Nevada Department of Corrections spokeswoman Brooke Santina characterized the decision Wednesday to monitor Scott Raymond Dozier as prison policy in cases when an execution is postponed.

Santina says it was not because of any outburst or overt act.

Dozier's attorney, Thomas Ericsson, says he was with Dozier when he and his family learned of the postponement. He says Dozier did not express anger and understands there are things beyond his control.

Santina says the 47-year-old Dozier will receive a psychological evaluation at Ely State Prison before he returns to death row.

Dozier was also placed on suicide watch after his execution was postponed in November.

Wednesday's delay came after a judge in Las Vegas told prison officials they could not immediately use a sedative produced by a pharmaceutical company that objected to having it used to put someone to death.

It could now be several months before his execution is scheduled again.

The state is expected to appeal the judge's order to the state Supreme Court, and the judge in Las Vegas has scheduled a Sept. 10 hearing involving drug company attorneys.

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2:20 p.m.

The execution of a twice-convicted killer has been officially called off, just hours ahead of his scheduled lethal injection at a prison in remote northeast Nevada.

State prisons spokeswoman Brooke Santina announced the decision Wednesday afternoon after a state court judge in Las Vegas earlier in the day ordered the delay at the request of New Jersey-based drugmaker Alvogen.

Santina says the postponement was made official after a conference call involving state officials trying to reconcile one judge's order to carry out the execution and another judge's order to stop it.

Alvogen argued that Nevada prison officials obtained its product, midazolam, through "subterfuge" for unapproved purposes and that it doesn't want its midazolam, used in "botched" executions.

State attorneys denied that claim and said Nevada officials didn't do anything wrong.

Scott Raymond Dozier's execution had been scheduled to take place Wednesday evening in Ely.

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12:15 p.m.

The Nevada Supreme Court could hear an appeal Wednesday afternoon of a judge's ruling to halt the use of a drug in the execution of a twice-convicted killer.

Court spokesman Michael Sommermeyer says that some of the seven justices are in Chicago for a Nevada State Bar Association meeting, but that the court could meet by teleconference.

The state of Nevada had not yet appealed by midday. The state said it would explore whether it could appeal to the Nevada Supreme Court.

Scott Raymond Dozier's execution had been scheduled to take place Wednesday evening. Dozier has said repeatedly he wants to die.

Clark County District Court Judge Elizabeth Gonzalez ordered the delay after a hearing in which drugmaker Alvogen said the Nevada obtained the product through "subterfuge" for unapproved purposes.

If the ruling sticks, Alvogen would become the first drugmaker to successfully sue to halt an execution.

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11:24 a.m.

A Nevada judge is halting the use of a drug in the execution of a twice-convicted killer hours before he was scheduled to die by a first-of-its-kind lethal injection mixture.

Clark County District Court Judge Elizabeth Gonzalez ordered the delay Wednesday morning in response to a challenge by New Jersey-based drug maker Alvogen, which says it doesn't want its product, midazolam, used in "botched" executions.

The order is the first time a drug company has successfully sued to halt an execution in the U.S. involving one of its drugs. A previous challenge in Arkansas was unsuccessful.

Scott Raymond Dozier's execution had been scheduled to take place Wednesday evening in the northeastern Nevada town of Ely.

Dozier has said repeatedly he wants to die and doesn't care if it's painful.

His would be the first execution in Nevada since 2006.

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10:08 a.m.

Three drug companies have now objected to Nevada's efforts to use their drugs to execute a man via lethal injection.

Drugmaker Alvogen filed a lawsuit that went before a judge Wednesday seeking to prevent its sedative midazolam from being used in a lethal injection for twice-convicted killer Scott Raymond Dozier.

Alvogen attorney Todd Bice says the state duped its regular pharmaceutical distributor, Cardinal Health, into selling the drug after Alvogen made clear that it opposed the use of its products in executions.

Assistant Solicitor General Jordan Smith says Nevada never tried to hide its purpose. He said Alvogen didn't have a contract in place with Cardinal Health that would have blocked the drug's sale for executions.

Cardinal Health did not immediately respond to phone or email requests for comment.

Sandoz, which produces other drugs Nevada plans to use in the execution, said it wanted to object to the procedure although it hasn't yet joined the suit.

Pfizer last year demanded that Nevada return its drugs that the state intended to use for the execution. Nevada has refused.

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9:20 a.m.

A second drug company is asking to intervene in a last-minute Nevada court hearing hours before a twice-convicted killer is scheduled to be executed by lethal injection.

Drug company Sandoz wants to join New Jersey-based drugmaker Alvogen in its objection to the Wednesday evening execution of Scott Raymond Dozier.

Sandoz produces the paralytic cisatracurium, one of three drugs Nevada had planned to use on Dozier in a first-of-its-kind combination.

Alvogen produces the sedative midazolam, which Nevada Department of Prisons Brooke Santina says Wednesday was the first drug scheduled to be used on Dozier according to the protocol signed by department director James Dzurenda. She says she did not know of any alternative.

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This story has been clarified to show that the drug company Sandoz provided the paralytic cisatracurium to be used in the execution, not the fentanyl.

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10:57 p.m.

A man scheduled to be executed in Nevada on Wednesday is steadfast in his desire to be put to death, but a final-hour lawsuit by a drug company could halt his lethal injection.

New Jersey-based Alvogen says in a lawsuit filed Tuesday it doesn't want its product used in "botched" executions.

Clark County District Court Judge Elizabeth Gonzalez scheduled a same-day hearing Wednesday morning to decide if Scott Raymond Dozier's execution can take place 11 hours later in the northeastern Nevada town of Ely.

A Nevada prisons spokeswoman did not comment.

Dozier has said repeatedly he wants to die and doesn't care if it's painful.

The lawsuit is the second legal challenge to an execution by a drug company in the U.S.

A previous challenge in Arkansas was unsuccessful.

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