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.
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.
“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.
Indiana Capital Chronicle is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: info@indianacapitalchronicle.com.
