An effort by a German pharmaceutical company to prevent Nebraska from using its drugs to execute Carey Dean Moore by lethal injection tomorrow morning has been denied by a three-judge panel of the 8th U.S. Circuit Court of Appeals.
Fresenius Kabi had appealed a ruling by Senior U.S. District Judge Richard Kopf, who rejected its legal challenge to Nebraska’s plans to use a four-drug protocol to carry out the lethal injection.
Moore is scheduled to be executed at the state prison in Lincoln at 10 tomorrow morning.
Kabi has asserted state Corrections Director Scott Frakes inappropriately acquired cisatracurium besylate and potassium chloride from it, using a third party to purchase them.
Cisatracurium besylate and potassium chloride are the final two drugs of the four-drug lethal injection protocol proposed by Nebraska. The first two are diazepam and fentanyl citrate. Such a four-drug protocol has never been used for lethal injection.
The state has refused to disclose how and where it obtained the drugs.
Kopf issued his decision Friday from the bench. The company immediately appealed to the 8th Circuit.
In its decision, the three-judge panel stated it found nothing inappropriate in Kopf’s ruling.
The judges who heard the appeal were Roger Wollman of Sioux Falls, South Dakota; Raymond Gruender of St. Louis, Missouri; and David Stras of Minneapolis, Minnesota.
Moore received the death penalty for the shooting deaths of two Omaha cab drivers, Reuel Van Ness, Jr. and Maynard Helgeland, days apart in August of 1979.