Death row interview: Denied two executions, Dozier says waiting for death is 'torture'

Marcella Corona | Reno Gazette-Journal

Show Caption Hide Caption Watch: Scott Dozier execution halted Due to drug maker Alvogen suing the state of Nevada, Judge Elizabeth Gonzalez halted the execution of Scott Dozier.

Scott Dozier was ready to die.

He spent the past several months wondering: Is this the night? Instead, he’s back to doing to the same thing he’s been doing for the past decade.

The twice convicted killer has been living on death row at Ely State Prison. In 2007, he was sentenced to death for the murder of 22-year-old Jeremiah Miller, whose decapitated and dismembered body was found in a suitcase outside a Las Vegas motel.

Dozier spent the past year pushing state officials to move forward with his execution. And if he had succeeded, it would have been the first execution in Nevada in 12 years.

But his execution was postponed — twice.

His execution has spurred an ongoing debate over the lethal injection drugs and the state’s death penalty law. The Reno Gazette Journal spoke to him in a telephone interview.

More:Scott Dozier says he is ready to be executed and reveals why in death row interview

More:Judge halts execution of Scott Dozier in Nevada, next hearing won't happen for months

More: Nevada appealing killer's twice-delayed execution

Dealing with the delay

Dozier spoke about how he’s been dealing with the recent delay on his execution.

“I don’t think they want to do it, quite frankly,” he said.

Dozier was scheduled to die by lethal injection on July 11. Both his parents and sister were visiting him one last time at Ely State Prison when they learned the execution was postponed.

He said his family told him about the lawsuit Alvogen filed against the state and prison officials.

“I thought, ‘Oh here we go again,’” Dozier said. “I was like, ‘Man, these (expletive) bastards.’

“And I was concerned for my family.”

State officials planned to use for the first time a three-drug cocktail that included a large dose of fentanyl, midazolam and cisatracurium.

But the New Jersey-based drug manufacturer claimed the Nevada Department of Corrections fraudulently obtained one of its sedatives, midazolam, to be used in the lethal injection.

When asked what he thought about the drug companies intervening in his execution, Dozier said it was “their business” and that he couldn’t argue on their concept.

“It just seems like they’re a little late to the party on that whole theory,” Dozier said. “I don’t really think they care. I think they started caring when it started affecting them, bottom line.”

“I mean it sucks for me,” he added. “I’ve been thinking about writing them and telling them, ‘You know what, would you let (the drugs) be used for state assisted suicide, because I am in a terminal situation and I’m suffering?”

Life on suicide watch

After his execution was stopped, Dozier said he spent the next five days on suicide watch.

“That can be seen as wholly unjust,” Dozier said. “I am merely trying to get the state of Nevada to exercise and enforce a legally obtained sentence, and I’m continually punished for it.”

Dozier said he had trouble coping with the situation because he couldn’t see or speak to his family or his lawyers.

“I have no property, no phone access,” Dozier said. “Technically, I go to a jail inside the jail for them not being able to do their thing.”

He was put in a prison cell he described as the “strip cell.”

“I had my boxers, and the lights were on 24 hours a day,” Dozier said. “You’re in your boxers with just a suicide blanket, and you’re not allowed anything.

“…You’re supposed to eat your food with your hands because you can’t have anything. So, you need a paper tray for your food.”

Dozier said guards stood outside his prison cell door. From there, he was moved to what he called an “observation cell,” where he was only allowed to have bed sheets and a few items of clothing.

When asked if he was suicidal, Dozier responded with a firm “no.”

“If I’m suicidal, I wouldn’t be (expletive) with this whole program,” Dozier said. “I don’t even want to die. I would just rather be dead than in prison.”

Dozier said he wasn’t scared of death. But he also wouldn’t be “dragging” his family through this ordeal if he was suicidal.

“I’m very close to my family,” Dozier said. “Not only do I love my brother and sister, but I like them a lot, you know what I’m saying? They’re outstanding people at their own accord.”

Dozier’s ex-wife, Angela Drake, declined to comment for this story and emphasized that his family wasn’t talking with the media. Attempts at reaching Dozier’s family for further comment were unsuccessful.

“I really feel like they’re almost doing this, the extra bull---- at the end, in order to dissuade me from doing this,” he said, referring to state officials who placed him on suicide watch.

Still waiting for death

Dozier said he wasn't sure how the state will move forward with his execution. He described himself as being "clearly out of the loop."

Nevada Lawmakers and Republican Gov. Brian Sandoval have not called for changes to ensure executions can be carried out. Sandoval's spokeswoman, Mary-Sarah Kinner, previously told the Associated Press that any changes should come from the Legislature and the next governor.

"There’s a whole bunch of speculations (about the execution) that I just don’t even know how to start answering and not even the people I would normally turn to for speculations have answers for either," Dozier said.

“I know Sandoval has been very clear that he’s not going to push for a change in method,” he said. “I don’t know why they won’t do a firing squad.”

Dozier said the execution seemed unlikely, especially when he learned that the state planned to use midazolam in the lethal injection. In the past, midazolam has been blamed for botched executions in several states, including Arizona, Ohio, Alabama, Arkansas and Florida.

In June, the state’s execution plan was revised to substitute midazolam for expired prison stocks of diazepam, another sedative commonly known as Valium.

Currently, several stocks of cisatracurium were set to expire this month, according to documents obtained by the state Department of Corrections.

Dozier said he believes the state’s execution protocol will likely be revised by the time another execution date is set.

“…They’ll change the protocol seven days out and do the fentanyl by itself, if they were smart,” Dozier said.

Brooke Santina, spokeswoman for the state Department of Corrections, said she could not comment on Dozier’s execution because of the pending legal litigation.

Hikma Pharmaceuticals also joined the bid in late July to block Nevada from using its product, fentanyl, in Dozier’s execution.

State officials appealed to the Supreme Court, seeking to overrule the delay to Dozier’s execution— two weeks after it was postponed.

The next court hearing in the case was set for Sept. 10 at Clark County District Court in Las Vegas.

For now, all Dozier can do is wait.

“To be clear, this is actually a state of torture, without question,” he said of waiting. “I mean at least now I know nothing’s going to happen before Sept. 10, so that’s better.”

The Associated Press Contributed to this story.