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Idaho must allow execution witnesses to watch as lethal drugs are prepared and given, judge rules
Idaho must allow execution witnesses to watch as lethal drugs are prepared and given, judge rules

CBS News

time30-04-2025

  • Health
  • CBS News

Idaho must allow execution witnesses to watch as lethal drugs are prepared and given, judge rules

Idaho prison officials must let media witnesses at executions watch as lethal injection drugs are prepared and administered to a condemned person, a federal judge ruled on Tuesday. U.S. District Judge Debora K. Grasham ordered the Idaho Department of Correction to provide the audio and visual access for any executions that occur while a First Amendment lawsuit from a coalition of news organizations moves forward in court. The Associated Press, The Idaho Statesman and East Idaho News sued the state's prison director in December, arguing that key steps of the lethal injection process were being unconstitutionally hidden from public view. "While it is true that this case concerns Idaho's lethal injection execution procedures, it equally concerns the public's First Amendment right of access to the State's administration of the most severe penalty enforced by our State," Grasham wrote. Grasham made clear that her ruling did not make a policy judgment about the death penalty itself, but instead "attempts to safeguard the constitutional right belonging to the public under the First Amendment of access to executions conducted by the state, so that such policy decisions can be well-informed." Executions — including the means and methods used to carry them out — have historically been open to the public in the United States, Grasham wrote. Today, media witnesses act as surrogates for the public at large by viewing and then reporting on the execution process. Idaho's execution protocols currently allow media witnesses to watch as a condemned person is brought into the execution chamber, placed on a gurney, and has the IV inserted and attached to medical tubing that leads into another room. Witnesses can also watch as the condemned person dies. But the actual preparation and administration of the deadly chemicals is done in a separate part of the facility, and that process has always been hidden from view. During a hearing earlier this month, Tanner Smith, the attorney representing prison officials, said the public can rely on prison officials to accurately tell them whether the preparation and administration of the drugs was successful. He also said that keeping the "medication room" hidden from public view helps protect the identities of the volunteers who carry out that work. But Grasham said the state failed to show why those volunteers couldn't just protect their identities by using the same face coverings, gloves and hats that are used by the execution team members who already work in view of media witnesses. Prison officials failed to show the secrecy was necessary for legitimate penological interests, rather than "exaggerated response," she wrote. Grasham also disagreed with prison officials' claims that the "preparation and administration of the lethal injection drugs, the method which brings about an execution, is a 'minute detail' of the execution process." "Indeed, the Court struggles to think of a more vital step of the execution process than the actions taken by the medical team while in the Medical Team Room, because without such actions, the execution would not occur," Grasham wrote. Grasham also wrote that allowing witnesses to access the medical team preparations and administrations of the drugs "will not extend the amount of time witnesses spend in the witness room or require any change in procedure by the medical team members." An Associated Press reporter also pointed out that when the state conducted executions by hanging, the entire process was visible to witnesses, according to the judge's decision. Idaho's last execution by hanging was conducted in 1957. Twenty-seven states authorize the death penalty, according to the Death Penalty Information Center, though some have paused executions or do not have anyone on death row. The states also vary widely on how many media witnesses they allow at executions, as well as how much of the process witnesses are allowed to see. This is not the first time The Associated Press and other news organizations have sued Idaho officials in an attempt to increase execution access. In 2012, the 9th U.S. Circuit Court of Appeals ordered prison officials to allow the news organizations to view the first part of lethal injection executions, including when a condemned person is brought into the execution chamber, secured to the execution gurney and the IV is inserted. Idaho has attempted four lethal injection executions since the 1970s. Three of them were completed, but the most recent attempt, involving Thomas Eugene Creech, was aborted last year after execution team members were unable to successfully establish an IV line after eight attempts in Creech's arms and legs. Lawmakers passed a new law this year that will make firing squads the state's primary method of execution, starting next year. Firing squad executions are rare but not unheard of, with only a handful being carried out in the U.S. in the last half-century. Two of them took place in South Carolina this year, marking the first U.S. firing squad executions in 15 years.

Judge says state must let execution witnesses watch lethal drugs be prepped, pushed

time29-04-2025

Judge says state must let execution witnesses watch lethal drugs be prepped, pushed

BOISE, Idaho -- Idaho prison officials must allow media witnesses at executions to watch as lethal injection drugs are prepared and administered to a condemned person, a federal judge ruled Tuesday. U.S. District Judge Debora K. Grasham ordered the Idaho Department of Correction to provide the audio and visual access for any executions that occur while a First Amendment lawsuit from a coalition of news organizations moves forward in court. The state doesn't have any executions scheduled, Grasham noted, so prison officials have time to install a closed-circuit audio and visual feed before they are again tasked with putting someone to death. The Associated Press, The Idaho Statesman and East Idaho News sued the state's prison director in December, arguing that key steps of the lethal injection process were being unconstitutionally hidden from public view. 'While it is true that this case concerns Idaho's lethal injection execution procedures, it equally concerns the public's First Amendment right of access to the State's administration of the most severe penalty enforced by our State,' Grasham wrote. Executions — including the means and methods used to carry them out — have historically been open to the public in the United States, Grasham wrote. Today, media witnesses act as surrogates for the public at large by viewing and then reporting on the execution process. Grasham made clear that her ruling did not make a policy judgment about the death penalty itself, but instead 'attempts to safeguard the constitutional right belonging to the public under the First Amendment of access to executions conducted by the state, so that such policy decisions can be well-informed." Idaho's execution protocols currently allow media witnesses to watch as a condemned person is brought into the execution chamber, placed on a gurney, and has the IV inserted and attached to medical tubing that leads into another room. Witnesses can also watch as the condemned person dies. But the actual preparation and administration of the deadly chemicals is done in a separate part of the facility, and that process has always been hidden from view. During a hearing earlier this month, Tanner Smith, the attorney representing prison officials, said the public can rely on prison officials to accurately tell them whether the preparation and administration of the drugs was successful. He also said that keeping the 'medication room' hidden from public view helps protect the identities of the volunteers who carry out that work. But Grasham said the state failed to show why those volunteers couldn't just protect their identities by using the same face coverings, gloves and hats that are used by the execution team members who already work in view of media witnesses. Prison officials failed to show the secrecy was necessary for legitimate penological interests, rather than 'exaggerated response,' she wrote. "This Court finds it difficult to identify any aspect of an execution by lethal injection that is more 'inextricably intertwined' with the execution than the actual preparation and administration of the lethal injection drugs into the IV lines connected to the condemned individual," Grasham wrote. Twenty-seven states authorize the death penalty, according to the Death Penalty Information Center, though some have paused executions or do not have anyone on death row. The states also vary widely on how many media witnesses they allow at executions, as well as how much of the process witnesses are allowed to see. This is not the first time The Associated Press and other news organizations have sued Idaho officials in an attempt to increase execution access. In 2012, the 9th U.S. Circuit Court of Appeals ordered prison officials to allow the news organizations to view the first part of lethal injection executions, including when a condemned person is brought into the execution chamber, secured to the execution gurney and the IV is inserted. Idaho has attempted four lethal injection executions since the 1970s. Three of them were completed, but the most recent attempt, involving Thomas Eugene Creech, was aborted last year after execution team members were unable to successfully establish an IV line after eight attempts in Creech's arms and legs. Lawmakers passed a new law this year that will make firing squads the state's primary method of execution, starting next year.

Federal judge says Idaho must let execution witnesses watch as lethal drugs are prepped and pushed
Federal judge says Idaho must let execution witnesses watch as lethal drugs are prepped and pushed

The Independent

time29-04-2025

  • Health
  • The Independent

Federal judge says Idaho must let execution witnesses watch as lethal drugs are prepped and pushed

Idaho prison officials must allow media witnesses at executions to watch as lethal injection drugs are prepared and administered to a condemned person, a federal judge ruled Tuesday. U.S. District Judge Debora K. Grasham ordered the Idaho Department of Correction to provide the audio and visual access for any executions that occur while a First Amendment lawsuit from a coalition of news organizations moves forward in court. The state doesn't have any executions scheduled, Grasham noted, so prison officials have time to install a closed-circuit audio and visual feed before they are again tasked with putting someone to death. The Associated Press, The Idaho Statesman and East Idaho News sued the state's prison director in December, arguing that key steps of the lethal injection process were being unconstitutionally hidden from public view. 'While it is true that this case concerns Idaho's lethal injection execution procedures, it equally concerns the public's First Amendment right of access to the State's administration of the most severe penalty enforced by our State,' Grasham wrote. Executions — including the means and methods used to carry them out — have historically been open to the public in the United States, Grasham wrote. Today, media witnesses act as surrogates for the public at large by viewing and then reporting on the execution process. Grasham made clear that her ruling did not make a policy judgment about the death penalty itself, but instead 'attempts to safeguard the constitutional right belonging to the public under the First Amendment of access to executions conducted by the state, so that such policy decisions can be well-informed." Idaho's execution protocols currently allow media witnesses to watch as a condemned person is brought into the execution chamber, placed on a gurney, and has the IV inserted and attached to medical tubing that leads into another room. Witnesses can also watch as the condemned person dies. But the actual preparation and administration of the deadly chemicals is done in a separate part of the facility, and that process has always been hidden from view. During a hearing earlier this month, Tanner Smith, the attorney representing prison officials, said the public can rely on prison officials to accurately tell them whether the preparation and administration of the drugs was successful. He also said that keeping the 'medication room' hidden from public view helps protect the identities of the volunteers who carry out that work. But Grasham said the state failed to show why those volunteers couldn't just protect their identities by using the same face coverings, gloves and hats that are used by the execution team members who already work in view of media witnesses. Prison officials failed to show the secrecy was necessary for legitimate penological interests, rather than 'exaggerated response,' she wrote. "This Court finds it difficult to identify any aspect of an execution by lethal injection that is more 'inextricably intertwined' with the execution than the actual preparation and administration of the lethal injection drugs into the IV lines connected to the condemned individual," Grasham wrote. Twenty-seven states authorize the death penalty, according to the Death Penalty Information Center, though some have paused executions or do not have anyone on death row. The states also vary widely on how many media witnesses they allow at executions, as well as how much of the process witnesses are allowed to see. This is not the first time The Associated Press and other news organizations have sued Idaho officials in an attempt to increase execution access. In 2012, the 9th U.S. Circuit Court of Appeals ordered prison officials to allow the news organizations to view the first part of lethal injection executions, including when a condemned person is brought into the execution chamber, secured to the execution gurney and the IV is inserted. Idaho has attempted four lethal injection executions since the 1970s. Three of them were completed, but the most recent attempt, involving Thomas Eugene Creech, was aborted last year after execution team members were unable to successfully establish an IV line after eight attempts in Creech's arms and legs. Lawmakers passed a new law this year that will make firing squads the state's primary method of execution, starting next year.

Real bravery begins with these three words
Real bravery begins with these three words

USA Today

time05-02-2025

  • Politics
  • USA Today

Real bravery begins with these three words

Real bravery begins with these three words | Opinion It's only February, but my nomination for 'Person of the Year' goes to Pamela Hemphill. If you've forgotten that name — or maybe never heard it above the absolutely deafening noise of the past two weeks — you're not alone, so I will remind us. Ms. Hemphill, once known in certain circles as the 'MAGA Granny,' was an active and gleeful participant in the January 6th, 2021 riot at the U.S. Capitol. Having flown from Idaho to D.C. to attend Trump's 'March to Save America' rally, she then went rallying right on to the Capitol Building at the encouragement of some Proud Boys, all with hopes of overturning the 2020 election through force. Strange choice for Person of the Year, you might say. After all, MAGA Granny was found guilty and sentenced to 60 days in prison and three years probation for her role in an attack that led to death and widespread injury, including of some 150 police officers. But at that her story begins to change. After serving her time, nearing the end of her parole, and — along with more than 1,500 other 'J6' rioters —receiving a full and complete presidential pardon on Donald Trump's first day back in the White House, Ms. Hemphill was the first of just two people to reject that pardon. This act makes her rare by definition. But what makes her truly heroic in my mind, and the reason I keep coming back to her story like its a lifeline in The Sea of Relentless Cruelty, are the three words she used to explain why on earth she would refuse a pardon from the very president she had been willing to put everything on the line for. Those three words: 'We were wrong.' While other pardonees, including a former Proud Boys leader serving 22 years in prison, thanked Trump for giving them their lives back and vowed retribution, Ms. Hemphill told her local newspaper, The Idaho Statesman, that accepting the pardon would be 'a slap in the face' of the police officers who protected the Capitol on January 6th and that she planned to file a rejection. I have found myself desperate to learn more about this woman, in utter awe of her choice and her bravery. Not only is she brave in that — to do what she knows is right — she has made herself a public target for over one thousand newly free, accurately emboldened insurrectionists, many of whom have promised to get revenge, as well as to get guns. But she is uniquely brave in that to do what she now knows is right she has admitted that she was previously wrong. She has owned that she made a mistake, a really big mistake even, that she now regrets and accepts responsibility for. What a concept. When I look at where we have arrived: at an unabashed doubling-down on racism, sexism, anti-immigrant and anti-trans hate, a lowering of our discourse, our standards, our safeguards, our morals, and — oops — not the price of eggs after all, my wish for every single one of us is to be as brave as Pamela Hemphill. Ms. Hemphill didn't abandon the Proud Boys ideology quickly or painlessly. But with time, the nagging truth of what she saw unfold with her own eyes on January 6th allowed her to question what she had come to believe, including whether or not the 2020 election was really stolen. And if that was a lie, what else was a lie? Watching what now unfolds before our eyes, I beg of us to reach for this clarity. I'm not of the illusion that all, or even many, flag-carrying Proud Boys will ever see the error of their ways and change course, but there have to be more Pamela Hemphills out there. And if the rest of us want to encourage the changing of their hearts and minds, we would be wise to consider where those three words — we were wrong — may apply to more of us. Throughout our history, America has inched closer to its promise of 'freedom and justice for all' precisely when we have been brave enough to admit that we have not lived up to it: that enslavement cannot be justified, that separate is not equal, that lynching is murder, that love is love. And while we continue the work to fully realize even the milestones listed above, we will face backlash at every turn until we, as a country, face the full truth of our history, not just including, but especially, the parts where we were wrong. Right around the time Ms. Hemphill was storming the Capitol in 2021, I came across the work of two psychologists who study American behavior related to race. Compiling decades of research from experts across numerous fields, Drs. Bryan Nichols and Medria Connolly draw a jaw-dropping comparison between white Americans' behavior regarding our legacy of enslavement to that of Vietnam Veterans suffering mental distress, with symptoms related to, but different from, Post-Traumatic Stress Disorder (PTSD). PTSD occurs when the victim of violence or abuse suffers ongoing terror, panic, and depression. Conversely, psychologists observe that those who have had a hand in committing or witnessing crimes against humanity often suffer a "moral injury" that, left unaddressed, manifests in persistent combinations of denial, rage, and fear – all activated in favor of confronting the shame that lies beneath. Think of the denial, rage, and fear we see today. History shows us, again and again, that regular people, like you and me, are capable of both great and terrible things. Pamela Hemphill shows us that we are also capable of taking accountability for the latter and changing course. When we are brave enough. Caitlin Lombardi is a mother of three living on Bainbridge Island. She works for the nonprofit The Who We Are Project.

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