Drug Suit Ruling Expected Friday

Nebraska’s prisons director says delaying a longtime death row inmate’s execution would likely prevent the state from ever carrying out the sentence because officials can’t purchase any more of the necessary lethal injection drugs.

Corrections Director Scott Frakes said in a sworn statement Thursday the pharmacy that supplied Nebraska’s current batch of drugs is unwilling to sell the state any more. He said he has contacted at least 40 potential suppliers, and no others would provide them. The affidavit came in response to a pharmaceutical company’s lawsuit alleging the state plans to use their drugs improperly.

Officials plan to execute Carey Dean Moore next Tuesday for the 1979 murders of two Omaha cab drivers. A judge is expected to rule Friday on whether to postpone the execution in order to give the drug company time for a hearing to present their case.

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