A news release from Peterson’s office states, “The Attorney General has a legal duty to enforce death sentences ordered by Nebraska’s courts. The request for an execution warrant is the next procedural step required by statute.”
Moore was sentenced to death for killing two Omaha cab drivers in 1979.
Eric Berger, Nebraska College of Law professor and associate dean, says the state’s new four-drug lethal injection is untested.
“No state has ever used this four-drug protocol in executing someone,” Berger tells Nebraska Radio Network. “A Nevada protocol, that was pretty similar, was struck down by a court in Nevada late last year.”
The ACLU of Nebraska is challenging the protocol in court, specifically whether it is safe to use the lethal combination.
“And then there are also questions about the training of the execution team,” Berger explains. “Whether the execution team members have the proper credentials and training to carry out what’s actually a pretty complicated procedure.”
The ACLU also questions the legality of how Nebraska got the drugs, and has asked the federal Drug Enforcement Agency to investigate.
“A lot of major drug companies have announced, very clearly, that they do not want their products being used anymore in executions,” Berger says. “They have stopped selling their drugs to states for executions, so states have had to switch gears and try to get their drugs from other sources.”
He says several of the states carrying out executions use just one drug to end an inmate’s life.
So far this year, U.S. states have executed seven inmates. Four of them were in Texas.
Another 13 executions have already been scheduled for the remainder of 2018.
AUDIO: Mike Loizzo reports [:40]