• Dozier Execution Problems

    Author : Criminal Defense Associates August 2, 2018

    The death penalty is one of the more controversial issues facing the United States today. In states where execution is legal, the government has increasingly used lethal injection as the preferred method, although that has become more difficult in recent years. Pharmaceutical companies across the country are objecting to their drugs being used in this manner, and refuse to provide the necessary chemicals for state-sponsored executions. Nevada is no exception.

    Scott Dozier is a convicted murderer in Nevada. He has repeatedly said he wishes to be executed. The state was ready to oblige him this week by using the opioid fentanyl – the first time the drug would be used in an American execution. Fentanyl has been the target of states battling the opioid crisis. Critics of Nevada have pointed out that it is ironic that states and the federal government have cited fentanyl as the cause of a national health crisis, and pointing out its dangers, but are still willing to use it as a ‘safe’ method of killing convicts. Others are concerned because this three-drug combination will be the first time it has ever been used to execute someone. While some doctors have vouched for its safety and humane-ness, others disagree with prisoners being used as guinea pigs in experimental executions.

    On top of this controversy, a pharmaceutical company based in New Jersey, Alvogen, sued the Nevada State Department of Corrections over plans to use one of its drugs (midazolam) as part of the execution. It claimed that it does not want its product used in ‘botched’ executions. As a result, the district judge denied the use of the drug – meaning Mr. Dozier’s scheduled execution is delayed for now. The drug company is accusing the state of illegitimately obtaining the midazolam, as it has no record of selling the drug to the state for execution, and does not accept direct orders from prisons or departments of corrections – meaning the state must have acquired the drug in less conventional ways. It also claims that the use of a drug produced by Alvogen is harmful to its business, and if used in Mr. Dozier’s execution, would suffer irreparable injury.

    Manufacturers are no longer willing to contribute to the death penalty. In Nevada, the state requested proposals for the drug on 247 occasions, without a single response. Mr. Dozier would have been the first man executed in the state since 2006. He has stated that while he wants to die, he has given up all of his appeals and is essentially ready to make his peace.

    Mr. Dozier was a meth manufacturer and distributor when he murdered his victim, Jeremiah Miller in 2002. They met up in Las Vegas after Mr. Dozier had promised Mr. Miller he would help him buy ephedrine, which is a primary ingredient in meth. When Mr. Miller arrived, Dozier killed him, cut up his body into multiple pieces using a saw, and stuffed most of it into a suitcase which was disposed near an apartment complex. Mr. Miller’s head and his arms have yet to be found. Mr. Dozier was also convicted of murdering a second man, Jasen Green in Arizona in 2001.

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