Continuing Coverage From Alabama

Today's Anniston Star publishes the editorial, "Execution and privacy — Alabama shouldn’t shield information about death penalty from public view."

Alabama’s rush to hide the drugs used to execute prisoners is the perfect explanation of a state swimming against the tide of public opinion with a little crony capitalism tossed in for good measure. Granted, this is a familiar posture for Alabama.

And:

The state of Alabama is in a big-time rush to protect a few businesses from public scrutiny. We’re left wondering what’s happened to all those full-throated advocates of the free market in Montgomery.

Do they have duct-tape covering their mouths? That must be it.

Why else would they shield a few businesses from the public’s right to know and possibly protest those companies’ actions?

The Star reports, "State: Court order blocks release of Alabama death penalty information," by Tim Lockette.

The Alabama Department of Corrections has turned down requests from The Anniston Star and other news outlets for information about the manufacturers of drugs used in executions by lethal injection.

A court order in the case of death row inmate Tommy Arthur prohibits the state from releasing any new information about death penalty procedures, the DOC declared in a statement sent to The Star at 4:48 p.m. Thursday.

"This Confidentiality Order… prevents public disclosure, and in fact deems 'confidential information' a list of items, to include the Department's execution protocol and the information contained in it, and the identities of persons/entities currently or previously involved in executions," Prisons commissioner Kim Thomas said in the emailed statement.

The Star, the Montgomery Advertiser and the Associated Press asked for the information after Rep. Lynn Greer, R-Rogersville, filed a bill in the Alabama Legislature that would make the names of people involved in executions, and the suppliers of drugs used in executions a state secret.

The Montgomery Advertiser reports, "Prison system denies 'Advertiser' request for death penalty information," by Brian Lyman.

The Alabama Department of Corrections on Thursday denied a freedom of information request from the Montgomery Advertiser regarding information on death penalty protocols currently used in the state.

In a statement released by the DOC, commissioner Kim Thomas cited an order issued by U.S. Magistrate Judge Terry Moorer on Sept. 28, 2012, in a lawsuit brought by inmate Thomas Arthur over the state’s administration of the death penalty. The order from Fuller prevents disclosure of information on the written execution protocol used by the state, including information on current and past procedures, the drugs used and all testimony, information and documents related to prior executions of Alabama inmates.

“While the department generally considers execution related documents confidential and exempt from public disclosure under Alabama law, because of the pending litigation, I will abide by the court order and will not release any execution information,” Thomas said in his statement.

The order does not cover information about the process already in the public domain. The motion for the protective order, filed on Sept. 27, 2012, by the Department of Corrections and Arthur’s representatives, said the department and the state of Alabama had a “vital and compelling interest in protecting the confidentiality of the procedures, the identities of persons who participate in the enforcement of death sentences, and all aspects of the manner of enforcing a death sentence in the State.” The reasons were not listed in the motion.

AL.com posts, "Citing federal court order, Alabama prison officials won't divulge execution procedures," by Brendan Kirby.

Citing a 2012 federal court order, the Alabama Department of Corrections on Thursday indicated that it would not divulge details about its execution procedures.

The Legislature this year is considering a proposal to make confidential the information about the drugs used during lethal injection, including the vendors selling those chemicals. Different versions have passed the House and Senate.

In a statement released Thursday, the department suggested that the court order mandates confidentiality far beyond the drugs involved in executions.

Earlier coverage from Alabama begins at the link.