ICC, other news outlets file lawsuit to open executions to press
Inside the death chamber at the Indiana State Prison in Michigan City. (Photo provided by the Indiana Department of Correction)
The Indiana Capital Chronicle and four other news entities filed a lawsuit Monday evening challenging the state's prohibition against press witnesses for state executions.
Alongside the Associated Press, Circle City Broadcasting, Gannett and Tegna, the outlets allege that the ban violates the First Amendment and limits public accountability. Circle City Broadcasting owns WISH-TV, Gannett owns the Indianapolis Star and eight other outlets, and Tegna owns WTHR. Reporters from all five entities have covered portions of the case and the Associated Press regularly covers executions nationwide.
Indiana is one of only two states with the death penalty that prohibits media witnesses.
Senior Reporter Casey Smith witnessed December's state execution of Joseph Corcoran — via the condemned man's guest list.
The federal government carries out executions at the U.S. Penitentiary in Terre Haute, which allows for up to ten news representatives.
Relevant background
State law limits attendance at executions to: the warden, a warden's designated assistant, the prison physician, another physician, a spiritual advisor, a prison chaplain, five friends or relatives of the inmate and eight members of the victim's family.
The last category is further limited to family members who are 18 years of age or older and are either a spouse, child, parent, grandparent or sibling.
News reporters, meanwhile, are granted access to a designated area but not permitted to directly witness the state's actions.
Need to get in touch?
Have a news tip?
CONTACT US
'Indiana's statutory prohibition on providing access to news reporters at its executions has limited the public's understanding of these proceedings,' the filing says.
In 1985, the Indiana execution of William Vandriver went awry, but public details were scant. Vandiver was electrocuted four times over 17 minutes before he was pronounced dead — 'outrageous,' his attorney said. Indiana's 1996 execution of Tommy Smith by lethal injection had a 35-minute delay due to a misplaced catheter.
Corcoran's December execution was the state's first attempt in 15 years. With the exception of Smith, news media reported on the event from the prison parking lot.
Another execution is slated May 20 for Benjamin Ritchie, who was convicted of killing a Beech Grove law enforcement officer in 2002. Five other men are waiting on death row.
'Plaintiffs each intend to cover future executions scheduled in Indiana, including by sending their reporters to directly observe proceedings in the execution chamber. Plaintiffs intend to publish the observations of their reporters who witness those in-person proceedings,' the lawsuit says.
As such, the ICC and the other news organizations urge the federal court to rule that the prohibition is unconstitutional and issue an injunction against enforcement.
Attorneys with the Reporters Committee for the Freedom of the Press are representing the five news entities.
ECF 1 - Complaint
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
an hour ago
- Yahoo
Trump vows to "HIT" any protester who spits on police. He pardoned those who did far worse on Jan. 6
In one of his first acts of his second term as president, Donald Trumppardoned hundreds of people who attacked the U.S. Capitol on Jan. 6, 2021, to try to keep him in office, including those who beat police officers. On Monday, Trump posted a warning on social media to those demonstrating in Los Angeles against his immigration crackdown and confronting police and members of the National Guard he had deployed: 'IF THEY SPIT, WE WILL HIT, and I promise you they will be hit harder than they have ever been hit before. Such disrespect will not be tolerated!' The discrepancy of Trump's response to the two disturbances — pardoning rioters who beat police on Jan. 6, which he called 'a beautiful day,' while condemning violence against law enforcement in Los Angeles — illustrates how the president expects his enemies to be held to different standards than his supporters. 'Trump's behavior makes clear that he only values the rule of law and the people who enforce it when it's to his political advantage,' said Brendan Nyhan, a political scientist at Dartmouth College. Trump pardoned more than 1,000 people who tried to halt the transfer of power on that day in 2021, when about 140 officers were injured. The former U.S. attorney for the District of Columbia, Matthew Graves, called it 'likely the largest single day mass assault of law enforcement ' in American history. Trump's pardon covered people convicted of attacking police with flagpoles, a hockey stick and a crutch. Many of the assaults were captured on surveillance or body camera footage that showed rioters engaging in hand-to-hand combat with police as officers desperately fought to beat back the angry crowd. While some who were pardoned were convicted of nonviolent crimes, Trump pardoned at least 276 defendants who were convicted of assault charges, according to an Associated Press review of court records. Nearly 300 others had their pending charges dismissed as a result of Trump's sweeping act of clemency. Roughly 180 of the defendants were charged with assaulting, resisting or impeding law enforcement or obstructing officers during a civil disorder. 'They were extremely violent, and they have been treated as if their crimes were nothing, and now the president is trying to use the perception of violence by some protesters as an excuse to crack some heads,' said Mike Romano, who was a deputy chief of the section of the U.S. Attorney's office that prosecuted those involved in the Capitol siege. A White House spokesman, Harrison Fields, defended the president's response: 'President Trump was elected to secure the border, equip federal officials with the tools to execute this plan, and restore law and order.' Trump has long planned to use civil unrest as an opportunity to invoke broad presidential powers, and he seemed poised to do just that on Monday as he activated a battalion of U.S. Marines to support the presence of the National Guard. He mobilized the Guard on Saturday over the opposition of California's governor, Gavin Newsom, and Los Angeles Mayor Karen Bass, both Democrats. The Guard was last sent to Los Angeles by a president during the Rodney King riots in 1992, when President George H.W. Bush invoked the Insurrection Act. Those riots were significantly more violent and widespread than the current protests in Los Angeles, which were largely confined to a stretch of downtown, a relatively small patch in a city of 469 square miles and nearly 4 million people. The current demonstrations were sparked by a confrontation Saturday in the city of Paramount, southeast of downtown Los Angeles, where federal agents were staging at a Department of Homeland Security office. California officials, who are largely Democrats, argued that Trump is trying to create more chaos to expand his power. Newsom, whom Trump suggested should be arrested, called the president's acts 'authoritarian.' But even Rick Caruso, a prominent Los Angeles Republican and former mayoral candidate, posted on the social media site X that the president should not have called in the National Guard. Protests escalated after the Guard arrived, with demonstrators blockading a downtown freeway. Some some set multiple self-driving cars on fire and pelted Los Angeles police with debris and fireworks. Romano said he worried that Trump's double standard on how demonstrators should treat law enforcement will weaken the position of police in American society. He recalled that, during the Capitol attack, many rioters thought police should let them into the building because they had supported law enforcement's crackdown on anti-police demonstrations after George Floyd was murdered in 2020. That sort of 'transactional' approach Trump advocates is toxic, Romano said. 'We need to expect law enforcement are doing their jobs properly,' he said. Believing they just cater to the president 'is going to undermine public trust in law enforcement.' ___ Associated Press writers Michael Kunzleman and Alanna Durkin Richer in Washington contributed to this report.
San Francisco Chronicle
an hour ago
- San Francisco Chronicle
Trump vows to "HIT" any protester who spits on police. He pardoned those who did far worse on Jan. 6
In one of his first acts of his second term as president, Donald Trumppardoned hundreds of people who attacked the U.S. Capitol on Jan. 6, 2021, to try to keep him in office, including those who beat police officers. On Monday, Trump posted a warning on social media to those demonstrating in Los Angeles against his immigration crackdown and confronting police and members of the National Guard he had deployed: 'IF THEY SPIT, WE WILL HIT, and I promise you they will be hit harder than they have ever been hit before. Such disrespect will not be tolerated!' The discrepancy of Trump's response to the two disturbances — pardoning rioters who beat police on Jan. 6, which he called 'a beautiful day,' while condemning violence against law enforcement in Los Angeles — illustrates how the president expects his enemies to be held to different standards than his supporters. 'Trump's behavior makes clear that he only values the rule of law and the people who enforce it when it's to his political advantage,' said Brendan Nyhan, a political scientist at Dartmouth College. Trump pardoned more than 1,000 people who tried to halt the transfer of power on that day in 2021, when about 140 officers were injured. The former U.S. attorney for the District of Columbia, Matthew Graves, called it 'likely the largest single day mass assault of law enforcement ' in American history. Trump's pardon covered people convicted of attacking police with flagpoles, a hockey stick and a crutch. Many of the assaults were captured on surveillance or body camera footage that showed rioters engaging in hand-to-hand combat with police as officers desperately fought to beat back the angry crowd. While some who were pardoned were convicted of nonviolent crimes, Trump pardoned at least 276 defendants who were convicted of assault charges, according to an Associated Press review of court records. Nearly 300 others had their pending charges dismissed as a result of Trump's sweeping act of clemency. Roughly 180 of the defendants were charged with assaulting, resisting or impeding law enforcement or obstructing officers during a civil disorder. 'They were extremely violent, and they have been treated as if their crimes were nothing, and now the president is trying to use the perception of violence by some protesters as an excuse to crack some heads,' said Mike Romano, who was a deputy chief of the section of the U.S. Attorney's office that prosecuted those involved in the Capitol siege. A White House spokesman, Harrison Fields, defended the president's response: 'President Trump was elected to secure the border, equip federal officials with the tools to execute this plan, and restore law and order.' Trump has long planned to use civil unrest as an opportunity to invoke broad presidential powers, and he seemed poised to do just that on Monday as he activated a battalion of U.S. Marines to support the presence of the National Guard. He mobilized the Guard on Saturday over the opposition of California's governor, Gavin Newsom, and Los Angeles Mayor Karen Bass, both Democrats. The Guard was last sent to Los Angeles by a president during the Rodney King riots in 1992, when President George H.W. Bush invoked the Insurrection Act. Those riots were significantly more violent and widespread than the current protests in Los Angeles, which were largely confined to a stretch of downtown, a relatively small patch in a city of 469 square miles and nearly 4 million people. The current demonstrations were sparked by a confrontation Saturday in the city of Paramount, southeast of downtown Los Angeles, where federal agents were staging at a Department of Homeland Security office. California officials, who are largely Democrats, argued that Trump is trying to create more chaos to expand his power. Newsom, whom Trump suggested should be arrested, called the president's acts 'authoritarian.' But even Rick Caruso, a prominent Los Angeles Republican and former mayoral candidate, posted on the social media site X that the president should not have called in the National Guard. Protests escalated after the Guard arrived, with demonstrators blockading a downtown freeway. Some some set multiple self-driving cars on fire and pelted Los Angeles police with debris and fireworks. Romano said he worried that Trump's double standard on how demonstrators should treat law enforcement will weaken the position of police in American society. He recalled that, during the Capitol attack, many rioters thought police should let them into the building because they had supported law enforcement's crackdown on anti-police demonstrations after George Floyd was murdered in 2020. That sort of 'transactional' approach Trump advocates is toxic, Romano said. 'We need to expect law enforcement are doing their jobs properly,' he said. Believing they just cater to the president 'is going to undermine public trust in law enforcement.' ___
Hamilton Spectator
an hour ago
- Hamilton Spectator
Trump vows to 'HIT' any protester who spits on police. He pardoned those who did far worse on Jan. 6
In one of his first acts of his second term as president, Donald Trumppardoned hundreds of people who attacked the U.S. Capitol on Jan. 6, 2021, to try to keep him in office, including those who beat police officers. On Monday, Trump posted a warning on social media to those demonstrating in Los Angeles against his immigration crackdown and confronting police and members of the National Guard he had deployed: 'IF THEY SPIT, WE WILL HIT, and I promise you they will be hit harder than they have ever been hit before. Such disrespect will not be tolerated!' The discrepancy of Trump's response to the two disturbances — pardoning rioters who beat police on Jan. 6, which he called 'a beautiful day,' while condemning violence against law enforcement in Los Angeles — illustrates how the president expects his enemies to be held to different standards than his supporters. 'Trump's behavior makes clear that he only values the rule of law and the people who enforce it when it's to his political advantage,' said Brendan Nyhan, a political scientist at Dartmouth College. Trump pardoned more than 1,000 people who tried to halt the transfer of power on that day in 2021, when about 140 officers were injured. The former U.S. attorney for the District of Columbia, Matthew Graves, called it 'likely the largest single day mass assault of law enforcement ' in American history. Trump's pardon covered people convicted of attacking police with flagpoles, a hockey stick and a crutch. Many of the assaults were captured on surveillance or body camera footage that showed rioters engaging in hand-to-hand combat with police as officers desperately fought to beat back the angry crowd. While some who were pardoned were convicted of nonviolent crimes, Trump pardoned at least 276 defendants who were convicted of assault charges, according to an Associated Press review of court records. Nearly 300 others had their pending charges dismissed as a result of Trump's sweeping act of clemency. Roughly 180 of the defendants were charged with assaulting, resisting or impeding law enforcement or obstructing officers during a civil disorder. 'They were extremely violent, and they have been treated as if their crimes were nothing, and now the president is trying to use the perception of violence by some protesters as an excuse to crack some heads,' said Mike Romano, who was a deputy chief of the section of the U.S. Attorney's office that prosecuted those involved in the Capitol siege . A White House spokesman, Harrison Fields, defended the president's response: 'President Trump was elected to secure the border, equip federal officials with the tools to execute this plan, and restore law and order.' Trump has long planned to use civil unrest as an opportunity to invoke broad presidential powers, and he seemed poised to do just that on Monday as he activated a battalion of U.S. Marines to support the presence of the National Guard. He mobilized the Guard on Saturday over the opposition of California's governor, Gavin Newsom, and Los Angeles Mayor Karen Bass, both Democrats. The Guard was last sent to Los Angeles by a president during the Rodney King riots in 1992, when President George H.W. Bush invoked the Insurrection Act. Those riots were significantly more violent and widespread than the current protests in Los Angeles, which were largely confined to a stretch of downtown, a relatively small patch in a city of 469 square miles and nearly 4 million people. The current demonstrations were sparked by a confrontation Saturday in the city of Paramount, southeast of downtown Los Angeles, where federal agents were staging at a Department of Homeland Security office. California officials, who are largely Democrats, argued that Trump is trying to create more chaos to expand his power. Newsom, whom Trump suggested should be arrested, called the president's acts 'authoritarian.' But even Rick Caruso, a prominent Los Angeles Republican and former mayoral candidate, posted on the social media site X that the president should not have called in the National Guard. Protests escalated after the Guard arrived, with demonstrators blockading a downtown freeway. Some some set multiple self-driving cars on fire and pelted Los Angeles police with debris and fireworks. Romano said he worried that Trump's double standard on how demonstrators should treat law enforcement will weaken the position of police in American society. He recalled that, during the Capitol attack, many rioters thought police should let them into the building because they had supported law enforcement's crackdown on anti-police demonstrations after George Floyd was murdered in 2020. That sort of 'transactional' approach Trump advocates is toxic, Romano said. 'We need to expect law enforcement are doing their jobs properly,' he said. Believing they just cater to the president 'is going to undermine public trust in law enforcement.' ___ Associated Press writers Michael Kunzleman and Alanna Durkin Richer in Washington contributed to this report. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
