On June 8, the U.S. Court of Appeals for the Ninth Circuit ruled that witnesses should have full viewing-access to executions carried out in Idaho, siding with the Associated Press and other media outlets. Seventeen news organizations had argued that the state’s protocol was unconstitutionally restrictive because it prevented witnesses, including reporters acting as representatives of the public, from viewing executions until after catheters had been inserted into the veins of death row inmates. The court stated, “Nearly a decade ago, we held in the clearest possible terms that ‘the public enjoys a First Amendment right to view executions from the moment the condemned is escorted into the execution chamber.’ … The State of Idaho has had ample opportunity for the past decade to adopt an execution procedure that reflects this settled law.” The ruling will immediately affect the execution of Richard Leavitt, who is facing lethal injection on June 12. Jeff Ray, a spokesperson for Idaho’s Department of Corrections said, “We, of course, respect the court’s decision. We will take the necessary measures to assure that the execution continues as scheduled.”

(J. Bonner, “Court sides with AP, news groups over execution,” Associated Press, June 9, 2012. See Executions. Listen to DPIC’s podcast on Lethal Injections.