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 the 9th U.S. Circuit Court of Appeals has repeatedly found that the public has the right to view executions from start to finish — including in a similar lawsuit brought by AP and other news organizations against Idaho officials in 2012. In that case, the appellate court ordered prison officials to allow media witnesses to watch as the IVs are inserted.