Execution of Carey Dean Moore
|Carey Dean Moore|
Omaha, Nebraska, U.S.October 26, 1957
|Died||August 14, 2018 (aged 60)|
Nebraska State Penitentiary, Lincoln, Nebraska, U.S.
|Cause of death||Execution by lethal injection|
|Criminal charge||Capital murder|
|Criminal penalty||Death (June 20, 1980)|
The execution of Carey Dean Moore was the execution by lethal injection of Carey Dean Moore (October 26, 1957 – August 14, 2018) by the State of Nebraska, sub-national entity of the United States. It was the first execution in Nebraska using lethal injection, and the first capital punishment in Nebraska since 1997. The execution was the first in the United States to use fentanyl.
The execution took place on August 14, 2018 at the Nebraska State Penitentiary, where Moore had been a prisoner since his conviction for killing two cab drivers in 1979; Moore was one of the United States' longest-serving death row inmates.
The execution used a novel drug cocktail of diazepam, fentanyl, cisatracurium, and potassium chloride.) The German manufacturer of two of the drugs, Fresenius Kabi, sued the state of Nebraska and sought a restraining order to halt the execution, because EU law prohibits German companies from supplying pharmaceuticals that are used for capital punishment, which is regarded as a violation of international law in Germany and other European countries.
The execution is the fourth in Nebraska since the 1976 Gregg v. Georgia decision, and the first since a 2015 effort to ban capital punishment in Nebraska. Three other prisoners, including John Joubert and Harold Otey were killed with the electric chair in the 1990s.
Fresenius Kabi lawsuit[edit | edit source]
The German pharmaceutical company Fresenius Kabi, the manufacturer of the drugs used in Moore's execution, filed a lawsuit in the United States, seeking a restraining order to stop the use of the drugs in question in the planned execution. Capital punishment in Europe has been effectively abolished in all countries except Belarus, and the EU requires that all EU companies not provide drugs for lethal execution. The absolute ban on the death penalty is enshrined in both the Charter of Fundamental Rights of the European Union (EU) and the European Convention on Human Rights, and the use of the death penalty is therefore regarded as a grave violation of international human rights law in Europe. Fresenius Kabi only sells the products in question with a legally binding clause that they may not be sold, resold or distributed to prisons or used in executions. Fresenius Kabi asserted that the drugs "could only have been obtained by defendants in contradiction and contravention of the distribution contracts the company has in place and therefore through improper or illegal means" and said the execution would cause reputational damage.
Nebraska denied the charge that it had acquired the drugs by "fraud, deceit or misrepresentation." The United States District Court for the District of Nebraska denied the company’s motion for a temporary restraining order, whereby the Court relied on the truthfullness of Nebraska Department of Correctional Services' director Scott R. Frakes' testimony ("Unless Director Frazor is lying, it would seem that ...", p. 10). The court claimed that the company’s claim that delaying Moore’s execution would not disrupt the public interest in Nebraska “laughable” and alleged that its allegations of irreparable corporate reputational harm were without merit by proclaiming that "this lawsuit has generated world-wide coverage of the Plaintiff's desire to avoid any association with the death penalty" and therefore wouldn't be held accountable. The Court further declared that the execution would be of major public interest: "In this case, it has everything to do with the functioning of democracy." The United States Court of Appeals for the Eighth Circuit affirmed the district court’s decision in its entirety.
In a similar case, also in 2018, the pharmaceutical company Alvogen sought a restraining order to prevent Nevada's execution of Scott Dozier, alleging that the the Nevada Department of Corrections had fraudulently acquired its drugs. The Fresenius and Alvogen lawsuits, which took place at the same time, were widely compared by commentators; both lawsuits are part of a trend whereby it has become increasingly difficult for United States authorities to legally buy drugs for the use in executions, due to widespread adoption of distribution contracts by pharmaceutical companies banning distribution to prisons and use in executions. Especially European pharmaceutical companies have pushed back against violations of the distribution contracts in the United States prohibiting straw buying by prisons for capital punishment.
In response to the lawsuit, Nebraska's prisons director Scott Frakes acknowledged that Nebraska would not be able to buy the drugs used in Moore's execution again. Frakes said he had been turned down by 40 pharmacies when trying to buy the drugs, due to the pharmacies' legal obligation not to sell the drugs to prisons.
See also[edit | edit source]
References[edit | edit source]
- "Nebraska poised to carry out first execution since 1997 for one of nation's longest-serving death row inmates". NY Daily News.
- "Nebraska to Carry Out First Execution Since 1997 With Untried Drug Combination". TIME. 14 August 2018.
- "Nebraska executes first death row inmate using fentanyl". The Independent.
- Smith, Mitch (14 August 2018). "Fentanyl Used to Execute Nebraska Inmate, in a First for U.S." LINCOLN, Neb.: The New York Times. p. A10. Retrieved 15 August 2018.
- "Fentanyl Used to Execute Nebraska Inmate, in a First for U.S." The New York Times. 14 August 2018.
- "Nebraska will make history in its execution of a death row inmate". Newsweek. 14 August 2018.
- "Nebraska first to use fentanyl in execution". BBC. 14 August 2018.
- "Nebraska becomes first state to use fentanyl in execution". NBC News.
- "Nebraska Carries Out 1st Execution Using Fentanyl In U.S." NPR.
- "Carey Dean Moore says 'I love you' before dying in Nebraska's first execution by lethal injection using fentanyl". USA Today.
- Bureau, Joe Duggan, Paul Hammel, Emily Nitcher and Martha Stoddard World-Herald. "'A monumental day': Nebraska executes Carey Dean Moore in state's first lethal injection".
- Hans Göran Franck, Klas Nyman, William Schabas, The Barbaric Punishment: Abolishing the Death Penalty (p. 10), Martinus Nijhoff Publishers, 2003
- "Nebraska executes first death row inmate since 1997". Gaston Gazette. The Associated Press. 14 August 2018. Retrieved 15 August 2018.
- "Nebraska executed its first death row inmate in 21 years using fentanyl".
- "Alvogen sues to stop the use of its drug in Dozier execution, Wednesday hearing scheduled".
- "Legal battle continues in Nevada over Dozier execution". 15 August 2018.
- "Nebraska prisons head: State can't buy execution drugs again"
External Links[edit | edit source]
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