Zane Floyd (Photo: Nevada Department of Corrections)
By Ken Ritter Associated Press
Friday, February 4, 2022
LAS VEGAS — Time is running out on a bid by prosecutors and Nevada prison officials to carry out the first execution in the state in almost 16 years, with hearings unfinished in federal court in Las Vegas and decisions pending before the state Supreme Court.
One of several drugs that would be used for convicted mass killer Zane Michael Floyd's lethal injection is due to expire Feb. 28, and because state law calls for two weeks' notice to schedule an execution, Randall Gilmer, Nevada's chief deputy attorney general, told U.S. District Judge Richard Boulware II a death warrant would have to be issued by Feb. 13.
But when Boulware asked prosecutor Alexander Chen whether Clark County District Attorney Steve Wolfson would seek a warrant in the next 10 days, Chen left the question unresolved.
"It's theoretically possible, but highly unlikely," Chen said.
David Anthony, a federal public defender representing Floyd, noted the answer wasn't conclusive.
That led Boulware to schedule a Feb. 14 update in his court. He has held a series of hearings since November about whether Nevada's plan to use a never-before-tried combination of drugs for Floyd's lethal injection would be unconstitutionally cruel and inhumane. He has not closed his inquiry or reached a decision.
Nevada's lethal injection plan would use large doses of three or four drugs including the potent synthetic opioid fentanyl, the sedative ketamine, possibly a muscle paralytic called cisatracurium, and either potassium chloride or potassium acetate to stop Floyd's heart. The drug alfentanil might substitute for fentanyl.
Officials have said the ketamine now held by Nevada prison officials expires Feb. 28. Gilmer said Thursday that state prison officials don't think they can quickly obtain more.
Floyd does not want to die. He was convicted in 2000 of killing four people and wounding a fifth in a shotgun attack at a Las Vegas grocery store.
Now 46, he had exhausted appeals and his execution was scheduled last July, but then delayed by Boulware and a state court judge pending the result of additional court proceedings — including several petitions now pending before the state high court. Justices have not indicated when they will rule.
One of those cases focuses on whether the state judge assigned to handle Floyd's case will continue in that role.
Gilmer also told Boulware on Thursday that prison officials have not identified doctors and emergency medical technicians willing to replace those who withdrew last week as attending physicians and drug administrators amid fears they might be publicly identified and linked with an execution.
Daryl Mack was the last person put to death in Nevada, in 2006, for a 1988 rape and murder in Reno. Mack asked for his lethal injection to be carried out.
