BOISE, Idaho — 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.
''The Ninth Circuit has not minced words,'' Olson said, quoting from another 9th Circuit ruling from 2002: ''An informed decision by the public is critical in determining whether execution by lethal injection comports with ‘the evolving standards of decency which mark the progress of a maturing society.'''
Idaho Department of Correction spokeswoman Sanda Kuzeta-Cerimagic said the department had not yet been formally served with the lawsuit. But she wrote in an email that ''our execution practices have been repeatedly upheld, including meeting or exceeding the requirements under the First Amendment to provide an opportunity to observe the processes integral to an execution.''
''IDOC is committed to transparency in the execution process and will continue to provide one of the most transparent execution processes in the country,'' Kuzeta-Cerimagic wrote.
Tewalt and other prison officials have told lawmakers in the past that anything threatening the confidentiality of execution team members or the source of the state's execution drugs could put Idaho's ability to carry out capital punishment at risk, in part because it would be difficult to find qualified volunteers willing to put someone to death.