BOISE, Idaho (AP) - The Associated Press and two other news organizations are suing Idaho's top prison official for increased access to lethal injection executions, saying the state is unconstitutionally hiding the actual administration of the deadly drugs from public view.
The AP, The Idaho Statesman and East Idaho News filed the lawsuit against Idaho Department of Correction Director Josh Tewalt in Boise's U.S. District Court on Friday.
The news organizations contend the public has a First Amendment right to witness the entire execution process, including when execution team members push the lethal injection medications into the IV lines connected to a condemned person. Idaho's prison officials have kept that part of the execution concealed behind screens or walls in each of the three executions completed in the last half-century.
"At its core, this case involves the press´s ability to fulfill its 'significant role in the proper functioning of capital punishment´ by providing independent public scrutiny of the State of Idaho´s execution process," attorney Wendy Olson wrote in court documents. She noted that 9th U.S. Circuit Court of Appeals has repeatedly found that public has right to view executions from start to finish - including in similar lawsuit brought by AP and other news organizations against Idaho officials in 2012. In that case, appellate court ordered prison officials to allow media witnesses to watch as IVs are inserted.
"The Ninth Circuit has not minced words," Olson said, quoting from another 9th Circuit ruling from 2002: "An informed decision by public is critical in determining whether execution by lethal injection comports with 'the evolving standards of decency which mark progress of maturing society.'"
Neither Tewalt nor department spokesperson Sanda Kuzeta-Cerimagic immediately responded to a request for comment from AP, but Tewalt has previously said state must maintain confidentiality about identities of execution team members and about where it obtains execution drugs.
Tewalt and other prison officials have told lawmakers anything threatening that secrecy could put Idaho's ability to carry out executions at risk because it would be difficult to find qualified volunteers willing to put someone to death.
The news organizations point out media witnesses can already see other execution team members, though their identities are concealed by medical masks, head coverings and other devices. The same solution could be used for those tasked with administering lethal drugs.
Idaho has only attempted four lethal injection executions since U.S. Supreme Court lifted moratorium on executions in 1970s. When Keith Eugene Wells was executed in 1994, IV lines ran from his arm to screen behind which team members used device deliver cocktail of lethal drugs. In 2011 execution Paul Ezra Rhoades and 2012 Richard Albert Leavitt, IV lines ran through opening wall chamber into hidden area.
The same setup was used February when state attempted execute Thomas Eugene Creech but called off after team unable establish IV line despite trying eight locations Creech's arms legs.
In October state announced begin using central venous lines threading catheter through large deep vein until reaches heart if attempts standard fail remodeled chamber add special "execution preparation" room procedure installed closed-circuit cameras so media can watch.
"There is no logical reason why events take place Medical Team Room should fall outside scope well settled First Amendment right view an execution entirety," Olson wrote.
"Simply put there nothing more 'intertwined´ with process than preparation administration very drugs effectuate most severe punishment," she said.