LINCOLN, Neb. (AP) — The Latest on Nebraska preparing for its first execution since 1997 (all times local):
A federal appeals court has rejected a German pharmaceutical manufacturer's attempt to prevent Nebraska from executing a death-row inmate using drugs that the company says it produced.
The 8th U.S. Circuit Court of Appeals on Monday upheld a federal judge's ruling to let the execution of inmate Carey Dean Moore proceed as planned Tuesday.
The drug company, Fresenius Kabi, contends in a lawsuit that using the drugs for a lethal injection would harm its reputation.
But the appeals court agreed with U.S. District Court Judge Richard Kopf's conclusion that postponing the execution would frustrate the state's interest in carrying out the execution. One of the four drugs in Nebraska's execution protocol expires Aug. 31, and the state says it can't get more.
Moore was sentenced to death for the 1979 shooting deaths of two Omaha cab drivers.
Three years after Nebraska lawmakers voted to abolish capital punishment, the state is preparing to carry out its first execution since 1997 in an about-face driven largely by the state's Republican governor.
Carey Dean Moore is scheduled to be executed Tuesday for the 1979 murders of two Omaha cab drivers. Two drug companies are trying to halt the execution, arguing the state say may be using their drugs.
Gov. Pete Ricketts helped finance a ballot drive to reinstate capital punishment after lawmakers overrode his veto and abolished the death penalty in 2015.
His administration then changed Nebraska's lethal injection protocol to overcome challenges in purchasing the necessary drugs. It also withheld records previously considered public that would identify the state's supplier.
Ricketts argues he was fulfilling the wishes of voters.