Las Vegas Sun

May 23, 2019

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Defense wants expirations on lethal injection drugs ignored

CARSON CITY — The Federal Public Defender’s Office and defense attorney Thomas Ericsson say the Nevada Supreme Court should not consider arguments about the expiration date of the drugs to be used in the execution of Las Vegas killer Scott Raymond Dozier.

Dozier has asked to be executed.

The state Department of Corrections, represented by the state Attorney General’s Office, filed an appeal Friday asking the court for a speedy decision to permit the execution, partly because the use of two of the three drugs for the lethal injection will expire in April and May.

The defense lawyers said Monday the references to the expiration date of the drugs were not raised in District Court and should not be part of the record before the Supreme Court.

The Department of Corrections said its Diazepam will expire May 1 and its supply of cisatracurium will expire April 1. It has urged the court for an expedited handling of the case.

Lawyers seeking to stop the execution maintain the use of cisatracurium, a paralytic, will result in extraordinary pain to Dozier. Dozier was scheduled to die Nov. 14, but court proceedings have delayed the date.

He was convicted of the 2002 murder of Jeremiah Miller in an attempt to rob him of drug money.