Idaho Ordered to Allow Media Witness Access to Lethal Injection Drug Preparation

A federal judge has mandated that Idaho prison officials permit media witnesses to observe the preparation and administration of lethal injection drugs during executions. U.S. District Judge Debora K. Grasham issued the order, granting audio and visual access for any executions occurring while a First Amendment lawsuit, initiated by a coalition of news organizations, proceeds in court. The lawsuit, filed by news outlets including The Associated Press, The Idaho Statesman, and East Idaho News, challenges the concealment of key steps in the lethal injection process, arguing it violates the public's right to information.

Judge Grasham emphasized that her ruling focuses on upholding the public's First Amendment right to access information about the state's administration of the death penalty, rather than making a judgment on the death penalty itself. She highlighted the historical precedent of public access to executions, with media witnesses acting as representatives of the public by observing and reporting on the process.

Idaho's current execution protocols allow media witnesses to observe certain stages, such as the condemned person's entry into the execution chamber, placement on a gurney, and the insertion of an IV. However, the preparation and administration of the lethal chemicals occur in a separate area, hidden from view. The judge found the state's arguments for maintaining this secrecy unconvincing, particularly the claim that it protects the identities of the volunteers involved. She noted that these volunteers could use the same protective measures as other execution team members who already work in view of media witnesses.

The judge also rejected the state's assertion that the preparation and administration of the drugs is a minor detail, stating that it is a vital step without which the execution would not occur. Furthermore, she clarified that allowing access to the medical team's preparations and drug administration would not extend the time witnesses spend in the witness room or require changes in procedure by the medical team.

The ruling follows a previous legal action in 2012, where the 9th U.S. Circuit Court of Appeals ordered Idaho officials to allow news organizations to view the initial stages of lethal injection executions. Idaho has attempted lethal injection executions four times since the 1970s, with three completed. The most recent attempt was aborted due to difficulties in establishing an IV line. A new state law will make firing squads the primary method of execution starting next year.