BOISE, Idaho — A federal judge is requiring Idaho to provide audio and visual access to the preparation and administration of lethal injection drugs—through video or other means—before any executions can proceed.
The ruling follows a lawsuit filed by several news outlets—including the Idaho Statesman, East Idaho News and the Associated Press—challenging the state’s level of secrecy during executions.
The media organizations argued that current execution protocols limit journalists’ ability to observe key moments, such as the placement of IVs or potential complications during the procedure.
U.S. Magistrate Judge Debora Grasham ruled that the First Amendment grants the media a qualified right to see and hear all phases of an execution. In her written opinion, she wrote, “Restriction on the public's right of access to a government proceeding carries greater consequences in the context of capital punishment.”
“This is not a final ruling, it's a temporary restraining order, which means that Idaho cannot move forward with executions unless one it complies with what the media asks for,” said Robert Dunham, a veteran death penalty attorney and First Amendment advocate.
Dunham emphasized the importance of transparency, particularly when executions do not go as planned.
“One of the reasons that access, public access is so important is because states, despite carrying out more than 1,600 executions over the course of the last 50 years, have made a lot of mistakes,” Dunham said. “They have botched executions, they have failed to carry out executions, and there have been numerous instances in which people who probably ought not be involved in the execution process have been involved. Because of all those problems, it's extremely important that the media, the public through the media, have an opportunity to witness what's happening,” he added.
That was the concern after Idaho’s most recent execution attempt was called off. Inmate Thomas Creech was strapped to the table when staff failed to insert an IV. Following that failed attempt, and with new legislation in place, the Idaho Department of Correction is now working to implement the firing squad as the state’s primary method of execution.
“This is probably the most invasive government program that exists, I mean, killing a prisoner,” said Abraham Bonowitz, director of the national anti-death penalty group Death Penalty Action.
“So if that’s going to happen, it needs to be done within the law, and it needs to be scrutinized, and the public should be aware of it,” Bonowitz said.
The Idaho Department of Correction, the defendant in the case, has not responded to requests for comment. The Idaho Attorney General’s Office says it has no comment at this time.
Currently, no executions are scheduled in Idaho.
