Attorneys for a German pharmaceutical company say they’re
filing an immediate appeal after a judge denied their request to block Nebraska from executing an inmate with drugs the company says were illicitly obtained.
Fresenius Kabi attorney Mark Christensen said the company will quickly appeal the Friday ruling . The company says it doesn’t want its drugs being used in lawsuit earlier this week arguing that state officials improperly obtained at least one its drugs.
State attorneys deny the allegation, and a judge refused to block the
execution during a Friday hearing.
Carey Dean Moore is scheduled to be executed Tuesday in Nebraska’s first execution since 1997 with a never-before-tried combination of drugs. He was sentenced to death for killing two Omaha cab drivers in 1979.
Moore has stopped fighting his sentence. During Friday’s hearing, U.S. District Judge Richard Kopf said he wouldn’t allow Fresenius Kabi to “frustrate the wishes of Carry Dean Moore.”