Attorneys for Nevada inmate not seeking stay of execution

Scott Dozier’s next court hearing could be his last.

The 46-year-old condemned Nevada inmate, who wants to be executed, is expected to appear via video conference from Ely for Wednesday’s proceeding in a Las Vegas courtroom. He is scheduled to die less than a week later.

Federal public defenders representing Dozier have pushed to ensure that his lethal injection is carried out humanely, but after more than an hour of argument on Monday, they told District Judge Jennifer Togliatti that they were not asking her to postpone the execution.

“These issues pose a moral dilemma. That’s the best I can say,” Assistant Federal Public Defender David Anthony said after the hearing. “As a defense attorney, I try to help people and save people, and so it creates a moral dilemma.”

Dr. John DiMuro, the state’s chief medical officer who designed the three-drug cocktail for Dozier’s execution, resigned last week. The cocktail consists of the anxiety drug diazepam, the pain reliever fentanyl and the paralytic cisatracurium.

Assistant Solicitor General Jordan Smith told the judge on Monday that DiMuro was replaced by a psychiatrist. Another doctor with about 40 years of experience will oversee the execution.

Anthony said defense attorneys had an agreement with Dozier that they would not pursue a delay of the Nov. 14 execution without his consent. But Anthony added that he had not yet talked with Dozier about the new medical officials in place at the Nevada Department of Corrections.

“It’s not a shame for anyone here if we need to push the pause button,” Anthony said, adding that the state’s lethal injection plan had “no upside but unlimited downside.”

Smith argued that Dozier’s lawyers were pushing for “a de facto stay” and had no legal grounds for delaying the execution.

“The state has every interest in making sure this goes correctly,” Smith said.

Last week, a Boston anesthesiologist testified that a paralyzing drug, such as cisatracurium, could cause “cruel pain and suffering” and lead to a “horrifying experience” for a condemned inmate.

Togliatti said she found the defense expert’s testimony credible, and the focus of her concern centered on the state’s lack of experience with executions.

Dozier, who requested last year that his appeals stop, would be the first inmate executed since 2006.

A Clark County jury convicted Dozier in September 2007 of killing 22-year-old Jeremiah Miller at the now-closed La Concha Motel. In 2005, Dozier was convicted in Arizona of second-degree murder in another case.

Dozier did not appear in court Monday. For more than a year, Dozier has not wavered in his desire for execution.

Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Follow @randompoker on Twitter.