Sue Hartigan <[EMAIL PROTECTED]> writes: Court Backs Execution Viewing Limit > SAN FRANCISCO (AP) -- The public and news media have > little if any constitutional right to view an > execution, a federal appeals court ruled Tuesday, > allowing California to limit what reporters can see of > a lethal injection. > > The 9th U.S. Circuit Court of Appeals stopped short of > saying whether a state could bar reporters from an > execution. > > But the court emphatically overruled U.S. District > Judge Vaughn Walker's March 1997 decision that an > execution, ``the ultimate exercise of state power'' > short of war, must be visible to the press, as the > public's representatives, from start to finish. > > ``Whatever First Amendment right might exist to view > executions, the `right' is severely limited,'' said > Judge Michael Hawkins in the 3-0 ruling. > > He said prison officials are in a better position than > judges to decide how much of an execution can be seen > by witnesses without endangering guards. > > Christine May, spokeswoman for Gov. Pete Wilson's > Corrections Department, said the ruling would help > protect the identities of the guards who volunteer to > take part in an execution. > > ``We had been concerned previously that a long exposure > of the execution team (to public view) could actually > result in harassment or intimidation, either of the > staff or of their families,'' May said. > > She acknowledged there had been no reports of > harassment or threats against guards in past > executions. > > May said the state has no current plans to restrict > access further. > > News organizations that sued the state said the > restrictions were based on unfounded speculation and > would limit the ability of the public to learn about > how the death penalty is implemented. > > ``Now everything, including those parts of the > proceeding which can go wrong, can be done behind a > curtain,'' said American Civil Liberties Union lawyer > Alan Schlosser, who represented news media groups. > > He said an appeal was likely. > > The department has recently prohibited reporters from > arranging face-to-face interviews with individual > prisoners. Tuesday's ruling noted that such bans have > been upheld in the past. > > When California used the gas chamber for executions, > witnesses were allowed to watch from the time the > prisoner was led into the death chamber. But after > court rulings forced the state to switch to lethal > injection, prison officials argued that the longer > preparation period would subject guards on the > execution team to possible retaliation if reporters > identified them. > > New rules took effect when ``freeway killer'' William > Bonin became the first Californian executed by lethal > injection, in February 1996. > > Guards removed a curtain after Bonin was already > strapped to a table, with needles and tubes inserted, > shortly before the deadly chemicals began flowing. > Afterward, officials described the difficulty a staff > member had in inserting a needle into a vein. > > Walker ordered additional access for witnesses to the > next execution, of Keith Williams in May 1996, and > broadened his ruling further last year to require > visibility from before the time the prisoner is > strapped onto the table. > > There have been no executions since then. -- Two rules in life: 1. Don't tell people everything you know. 2. Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues
