Carey Dean Moore is scheduled to be executed Tuesday morning at 10 a.m. for the 1979 murders of two taxi cab drivers in Omaha. A pharmaceutical company filed a federal lawsuit this week that claims Nebraska may have illegally obtained to of the lethal injection drugs. A hearing is set for this Friday where U.S. District Judge Richard Kopf could grant a temporary restraining order to prevent the use of the drugs in the execution. Omaha Defense Attorney Bill Gallup says it is hard to predict what will happen.
Gallup says, “This is a thinly veiled attack on capital punishment. Judge Kopf has been around for a long time and he is a judge that isn’t afraid to get into controversial cases. The easiest thing for him to do would be to grant the temporary restraining order. I don’t think he will do that however because Nebraska law requires that in order to get a temporary restraining order you have to prove two things. It would damage your reputation or cause irreparable injury. They claim, the pharmaceutical companies that their reputation would be injured and they would lose $78,000. To me that doesn’t constitute irreparable injury.”
Nebraska Attorney General Doug Peterson denies the accusations that the drugs were obtained illegally. The manufacturer of the drugs have not been made public.