Debate over execution access back in court

By The Associated Press

12.05.01

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SAN FRANCISCO — State and media representatives debated before a federal appeals panel yesterday whether witnesses to California executions may view the killings from start to finish.

Attorneys representing the state asked a three-judge panel of the 9th U.S. Circuit Court of Appeals to reinstate the state's policy of concealing portions of the lethal-injection procedure. Reporters and other witnesses, the state argued, have no constitutional right of access to executions. Therefore, they have no grounds to contest the policy, which was struck down last year.

In 1996, the state adopted rules preventing assembled witnesses and journalists at San Quentin State Prison from seeing into the death chamber until the condemned inmate is already strapped down, has needles in his veins and prison personnel have moved out of sight.

Several media groups, including the California First Amendment Coalition and the Associated Press, filed suit, contending the assembled witnesses to an execution have a right to view that hidden process. But the state argued that allowing full access could reveal the executioners' identities and jeopardize their lives.

In July 2000, a federal judge agreed with the news media and struck down the policy. The ruling allowed 50 assembled witnesses and journalists to view the full execution of Robert Massie last March.

Witnesses watched as guards brought Massie to the death chamber, strapped him down and inserted the needles that would kill him 13 minutes later. The guards and medical personnel took no steps to conceal their identities other than removing their name tags. No threats have been reported against them.

Even so, the state argued that the prison has the right to make reasonable rules to protect its personnel, and does not have to wait for a security breach before taking action.

"You do not need to wait for something to happen as a basis for protecting the staff," Deputy Attorney General Thomas Patterson argued.

But the appeals panel appeared unmoved. One judge wondered why the state didn't take steps to conceal the identities of executioners when it publicly hanged prisoners in the past, or when it used the gas chamber.

"Is there a ... difference in the opportunity to identify someone?" Judge Raymond C. Fisher asked.

Moments later, he added: "You can't kill them without sticking the needle in the arm."

Judge Myron Bright asked media attorney David Fried why reporters wanted to watch authorities walk the condemned inmate to a table, see him strapped down and see needles inserted into his arms.

Fried answered that the public should know the details about state-sanctioned killings. Also, Fried said, witnesses should be allowed to monitor the inmate's demeanor and the guards' treatment of the prisoner.

The case has seesawed from federal court to the 9th Circuit over the years.

The Corrections Department adopted the contested restrictions shortly before California's first lethal injection execution, of William Bonin on Feb. 23, 1996. Under the orders of U.S. District Judge Vaughn Walker, prison officials allowed a full view of Keith Williams' lethal injection on May 3, 1996.

The state's policy was reimposed for later executions because of varying opinions by the 9th Circuit. But Walker struck down the policy in July 2000.

The court did not indicate how or when it would rule on the latest appeal, which came at a time when none of the state's 600 condemned inmates is eligible for execution.

The case is California First Amendment Coalition v. Woodford.

Update

Public, press have right to witness executions
Federal appeals panel sides with news media groups, upholds witnesses' right to watch killings in California from beginning to end.  08.06.02

Previous

Judge hears arguments on full execution viewing
News organizations, ACLU object to partial screening of lethal injections.  03.17.01

Related

California prison officials seek to reinstate execution-access rules
State corrections department to appeal federal judge's order allowing witnesses to watch entire process.  01.18.01

Witnesses view full California execution
Public, news media watch entire lethal injection after U.S. Supreme Court lets stand lower court ruling allowing access.  03.27.01