Professor Eric Berger, an expert on lethal injection, says if Corey Dean Moore challenged the state lethal injection protocol, his scheduled execution might be stopped.
“I certainly would not say that a challenge by Mr. Moore would definitely have been successful, because the law in this area is tricky, but there are enough problems with what Nebraska has done that I think a good, fair-minded, careful judge would take a very close look at it,” Berger tells Nebraska Radio Network.
Moore is scheduled to be executed at 10 o’clock Tuesday morning.
Nebraska plans to use four drugs in the lethal injection of Moore. The first two, diazepam and fentanyl citrate, will be administered to render Moore unconscious so that he will not feel pain once cisatracurium besylate and potassium chloride flow through his veins, causing death.
Berger contends no one really knows whether diazepam, essentially Valium, and fentanyl citrate will actually work as intended. He also notes questions have been raised about whether the Department of Correctional Services has properly stored the medicine. The department has refused to disclose where they got the drugs, another problem, according to Berger.
Berger also notes the four-drug protocol has never been tried, by any state.
“So, there are very serious questions about the constitutionality and safety of this protocol; by safety I mean whether it will cause a painless death,” Berger says.
Moore has dropped all legal appeals, accepting his fate. Legal challenges have been made by the manufacturers of the drugs to no avail. Outside parities, such as the ACLU of Nebraska, are seeking to intervene and stop the execution.
Moore received the death penalty for killing two Omaha cab drivers in August of 1979. Moore shot and killed 47-year-old Reuel Van Ness, Jr. on August 22nd. Four days later, Moore shot and killed 47-year-old Maynard Helgeland. He had called both with the intention of killing and robbing them.
AUDIO: Brent Martin reports [:50]