OMAHA, Neb. (AP) — 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 says he has contacted at least 40 potential suppliers, and only the current supplier 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 Tuesday for the 1979 murders of two Omaha cab drivers. One drug in the protocol expires Aug. 31.
A judge is expected to rule Friday on whether to postpone the execution.
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