"News groups seek change in Idaho execution policy," is the AP report, via the Idaho Statesman. It's by Greg Risling and Jessie L. Bonner.
Following a federal appeals court request, an Idaho prosecutor says he'll try to reach state prison officials to see if they'll change a policy that prevents full viewing access of an upcoming execution.
Seventeen news organizations, including The Associated Press, pressed for the change in Idaho policy during a hearing Thursday before the 9th U.S. Circuit Court of Appeals.
The three-judge panel heard arguments in a lawsuit that seeks to strike a portion of Idaho's regulations that prevent witnesses - including reporters acting as representatives of the public - from watching executions until after catheters have been inserted into the veins of death row inmates.
No ruling was issued, but the judges noted the federal court had already ruled in a 2002 California case that every aspect of an execution should be open to witnesses, from the moment the condemned enters the death chamber to the final heartbeat. The decade-old decision established what was expected of the nine Western states within the court's jurisdiction.
The court asked Idaho prosecutors to inquire whether the prison warden would allow full viewing access to the execution.
And:
In his decision, U.S. District Judge Edward J. Lodge said that while the news organizations had presented a strong case in arguing that the execution limits run afoul of freedom of the press provisions, the timing of the claim fell too close to Leavitt's execution date and could cause a delay.
Lodge didn't rule on the merits of the lawsuit, only denying the request for a preliminary injunction.
The media outlets want the 9th Circuit to reverse Lodge's decision, arguing the process is unconstitutionally restrictive.
Gilmore said one of the concerns leveled by Idaho prison officials was that the identities of the five-member execution team might be made public if the execution is viewed by witnesses from start to finish.
"They have a very keen interest in their anonymity," Gilmore said.
Judge Marsha Berzon questioned why Idaho should be an exception when other states have decided that entire executions can be seen by the public.
"California has been doing it. Ohio has been doing it. Arizona just announced they are going to do it," Berzon said. "You haven't put anything in the record that Idaho is different in this regard. That you haven't done."
"Idaho execution rule puzzles court," is the Spokane Spokesman-Review coverage.
A federal appeals court raised sharp questions Thursday about why Idaho’s not complying with its 2002 decision that the First Amendment requires witnesses to be able to view lethal injection executions from start to finish, including the insertion of IVs.
“California’s been doing it, Ohio’s been doing it, Arizona just announced today they’re going to do it,” 9th Circuit Judge Marsha Berzon told Deputy Idaho Attorney General Mike Gilmore. “At least on a preliminary injunction basis, you have put nothing in the record to show that Idaho is different in this regard – that you haven’t done.”
Idaho, Washington and Montana are among four states in the circuit that have been closing off the early portion of their lethal-injection executions from public view despite the decade-old court ruling, but one of them, Arizona, changed its rules this week. There, media witnesses now will be able to view the insertion of the IVs via closed-circuit TV. Arizona’s next execution is scheduled for June 27.
The Associated Press and 16 other news outlets and organizations, including The Spokesman-Review, sued over Idaho’s rules after the state refused to change them, despite talks with the media that have gone on since before Idaho’s last execution in November. On Tuesday, U.S. District Judge Edward Lodge ruled that the media had a “strong case on the merits,” but declined to impose a preliminary injunction, saying there wasn’t sufficient time to change procedures before Idaho’s scheduled June 12 execution of Richard Leavitt.
The news groups appealed to the 9th Circuit, where a three-judge panel heard arguments Thursday.
At the close of the arguments, the judges asked Gilmore if he’d like to call the warden and see if Idaho would like to change its procedures without an injunction.
By midafternoon, the court had posted that the arguments were complete in the case and it was under advisement. Jeff Ray, Idaho Department of Correction spokesman, said in an email late Thursday afternoon, “We have made no changes to the procedures. We are waiting for a ruling.”
Earlier coverage of the Idaho open government litigation begins at the link.
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