May 23, 2012
News groups bring suit to ensure access to full Idaho execution process
As reported in this AP article, the "Idaho Press-Tribune, along with the Associated Press and 16 other organizations, sued the state of Idaho Tuesday to force officials to let witnesses watch executions from start to finish, arguing that the media has a First Amendment right to view all steps of a lethal injection execution." Here is more about the suit:
The group asked a U.S. District Court judge to require the state to increase witness access to its executions, starting with the upcoming execution of Richard A. Leavitt, a convicted killer scheduled to be put to death on June 12....
Idaho, like most states with lethal injection, bars witnesses from watching as a condemned inmate is brought into the execution chamber, strapped to the table and has IVs inserted into his or her arms. The news organizations say reporters must be able to view executions from start to finish so they can accurately report the events — and any complications that may emerge — to the public....
“This lawsuit is really all about obtaining access to the entire execution process for viewing purposes. It’s very important in a society such as ours to have full transparency in regards to the exercise of government authority,” said Chuck Brown, the attorney representing the news organizations.
The states that grant access to part of the death penalty process say they do so to protect the anonymity of the execution team. Idaho Department of Correction spokesman Jeff Ray said the department had not yet had a chance to review the lawsuit, and that the state’s attorneys would respond to the claims in court.
The lawsuit relies heavily on a 2002 San Francisco-based federal appeals court ruling that found that witnesses should be allowed to view executions from the moment the condemned enters the death chamber until their final heartbeat. Since the ruling, only one state under the court’s nine-state jurisdiction is following it: California, where the case arose. Idaho, Arizona, Washington, Montana and Nevada have all barred witnesses from the first half of lethal injection executions.
Most states nationwide do the same. Of the 27 states that have lethal injection outside of the circuit’s jurisdiction, only Ohio and Georgia allow witnesses to see the entire process....
The Idaho organizations decided to sue after state officials limited access to the execution of Paul Ezra Rhoades. Put to death in November, Rhoades was the first person to be executed in the state in 17 years, and only the second in the last half-century. Media interest in the event was intense, and the department selected four journalists to view the proceedings.
May 23, 2012 at 08:33 AM | Permalink
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I think it's long past time for an amendment for "FREEDOM FROM the press!"
Sorry if your not comitting a CRIME the press has no right to bother you!
Posted by: rodsmith | May 23, 2012 10:35:49 AM
Why do "execution teams" need anonymity? (The question is rhetorical.)
Posted by: Calif. Capital Defense Counsel | May 23, 2012 1:16:16 PM