FILE – In this Dec. 5, 2017, file photo, Nevada death row inmate Scott Dozier appears for his court, via a video at the Regional Justice Center in Las Vegas. Nevada prison officials say death row inmate Dozier has gone to great lengths to try to kill himself in anticipation of the implementation, including attempting to obtain a fatal drop of a deadly drug on a piece of paper sent through the prison mail. (Erik Verduzco/Las Vegas Review-Journal via AP)
RENO, Nev. – Prison officials say Nevada death row inmate Scott Dozier has gone to great lengths to kill himself in anticipation of the implementation, including attempting to obtain drops of a deadly drug on a piece of paper sent through the prison mail.
They also intercepted e-mail of the convicted killer’s sister with instructions on how to cut the jugular vein in his neck and he turned his razor blades, he somehow secured behind bars.
The claims in the documents, state lawyers filed last week in federal court in response to Dozier’s lawyers efforts to have him in an isolation cell where he was being held on suicide watch.
He is waiting for what would be Nevada’s first execution in more than 12 years. The implementation was taken in September, when a judge, a prohibition on the use of expired drugs for a lethal injection.
The AMERICAN Judge Carla Baldwin Bear refused a defense motion earlier this month, intended to ensure Dozier remains limited with the other death row inmates, but has by his public defenders to file additional documents to amend their claims.
The legal battle involves Dozier’s own statements that he wants to be put to death, his federal public defenders’ argument that placing him in solitary confinement makes him more likely to attempt suicide, and the state imposes must protect him from self-harm.
Dozier’s lawyers say that he apparently cut his neck and wrist with a razor blade in October. They argue his deteriorating condition is the result of his unconstitutional treatment, including his denial of recreation time in the prison yard. They say that he can’t socialize with others, to read, to communicate with his family and effective consultation with the department of legal affairs.
They are seeking a temporary restraining order to prevent his return to isolation.
Nevada Deputy Attorney General Jordan Smith said in papers filed Friday, Dozier is the current legal adviser, federal public defenders and other anti-death penalty groups “have foiled the professional needs of its clients by filing a case in a court which prevent Dozier implementation.”
“Dozier has repeatedly informed (prison) officials … he will take matters into their own hands and end his own life if the state is unable to carry out the implementation in a timely manner,” Smith wrote.
Prison staff discovered a conspiracy of Dozier Sept. 21 “to obtain drugs in a very concentrated form placed on a page of a letter through the mail,” he said. The personnel later seized a letter instructing him to write to another prisoner with an example of the images of hearts drawn around the droplets.
The specific liquid drug was not known, but fentanyl is a likely possibility, because the synthetic opiate is not detectable by the prison test kits, Smith said.
In October, Dozier’s sister tried to provide him with a detailed anatomy handbook with information about how to specify the best way to ensure the death by cutting the neck or large neck arteries, Smith said. He said guards intercepted two pieces of the e-mail from his sister with a hand-written diagram of the cardiovascular system. One said that it “takes about 2 minutes to bleed to death if the internal jugular is cut.”
On Oct. 17, Dozier provided to prison staff, two razors, and nail clippers in his possession, Smith said.
“Given the fact that his family is trying to help him learn how to cut his throat, it was objectively reasonable to restrict certain calls,” Smith wrote. That concern ended Nov. 2 and Dozier was returned to death row.
“But a court ruling to prevent the state from protecting Dozier’s well-being, if necessary, the effect of the facilitation of Dozier’s suicide.”
In a separate case, the Attorney General Adam Laxalt has until Dec. 26 to file final briefs in the appeal to the state Supreme Court of a judge of the court in September that the state cannot use, the preferred mixture of three drugs to Dozier to death because the prison officials obtained a drug manufacturer Alvogen is sedative midazolam via “loophole” or fraud.
The state of the prison director, James Dzurenda, testified earlier that he ignored letters to three drug manufacturers who do not want their drugs used in a execution.
Dozier died in a row since 2007 for the murder convictions in the separate murders of drug trafficking, employees in Phoenix and Las Vegas in 2002.