Multiple media companies seek to overturn Indiana rules that prevent reporters from witnessing execu

INDIANAPOLIS - Multiple media companies are hoping to overturn the State of Indiana's rules that prevent reporters from witnessing executions.




The complaint, which was filed in the U.S. District Court on Monday, indicates the Associated Press, Gannet, Circle City Broadcasting and Tegna Inc. are challenging "the constitutionality of a provision within the Indiana Code that prohibits (news organizations) from observing executions carried out at the Indiana State Prison."




The specific rules the AP and company are contesting are Indiana Code 35-38-6-6(a) and ISP 06-26. According to the lawsuit, Indiana Code 35-38-6-6(a) indicates that only the following people may be present when the State executes a prisoner:

1. The warden of the state prison





2. The person designated by the warden of the state prison and any assistants who are necessary to assist in the execution





3. The prison physician





4. One other physician





5. The spiritual advisor of the convicted person





6. The prison chaplain





7. Not more than five friends or relatives of the convicted person who are invited by the convicted person to attend

Certain exceptions to the law allow prisoners on death row to have eight family members over the age of 18 attend their execution.




ISP 06-26 pertains to the media more specifically. The policy indicates that Indiana Department of Correction officials will designate a member of the prison staff to assist with media inquiries during and leading up to an execution.




The rule indicates the person assisting the media will be present at the state prison the day of the execution to assist media with their needs. Under ISP 06-26, members of the media are allowed to access a designated area during the execution. The law mandates media personnel "remain in the designated area until the execution has been completed."




According to the lawsuit, ISP 06-26 also indicates the following:




"Media personnel shall not be permitted to witness the execution or to be in the Execution Chamber. The only exception to this rule is if the offender requests, in writing, that a member or members of the media be present. The name of the individuals must then be included on the list of five persons who are invited by the offender to witness the execution."




ISP 06-26 also indicates that cameras or recorders not under the control of IDOC are not permitted in the execution area.




The plaintiffs contend that the State of Indiana is infringing upon their First Amendment rights by preventing reporters from witnessing executions. Per the lawsuit, the State of Indiana is "depriving the Plaintiffs of their rights under the Press Clause of the First Amendment."




The media companies contend that witnessing executions helps news organizations provide crucial reporting to the public.




"Indiana's statutory prohibition on providing access to news reporters at its executions has limited the public's understanding of these proceedings," the complaint states.




In the lawsuit, the plaintiffs reference several executions where media coverage increased the public's understanding of them.




In Idaho, the AP was able to add additional information to its reports on the State's attempted execution of Thomas Creech because one of its reporters attended the proceedings. Reporters noted that execution staff attempted to insert an IV line eight separate times before halting the State's execution of Creech. Reporters present were also able to see Creech's reaction to the proceedings and gestures he made to his family.




In the lawsuit, the AP also referenced its reporting on the State of Alabama's execution of Kenneth Smith, who is believed to be the first U.S. prisoner to be executed via nitrogen gas. The AP claims that, because it had a reporter present for the execution, it could add the following excerpt to its report:




"Smith began to shake and writhe violently, in thrashing spasms and seizure-like movement, at about 7:58 p.m. The force of his movements caused the gurney to visibly move at least once. Smith's arms pulled against the straps holding him to the gurney. He lifted his head off the gurney and then fell back."








The lawsuit also broke down how Indiana's rules impacted media coverage of the State's 1985 execution of William Vandiver. According to a Chicago Tribune report from Oct. 17, 1985, Vandiver was convicted of murdering and dismembering his father-in-law.




Per the complaint, reporting on Vandiver's execution relied on accounts from a prison doctor. That doctor told members of the media that Vandiver, who was executed via electrocution, was hit with 2,300 volts of electricity.




Reporting at the time indicated Vandiver survived the initial shock. The electric current was applied three more times before Vandiver was pronounced dead.




The lawsuit also discussed the State's execution of Tommy Smith, who is believed to be the first prisoner Indiana executed via lethal injection. According to a report from WEHT, one of FOX59/CBS4's affiliate stations, Tommy Smith was convicted of murder in Marion County in 1981.




Reports on Tommy Smith's execution, according to the lawsuit, indicated that prison staff struggled to attach a catheter to Tommy Smith. A state prison spokesperson told members of the media that "the primary procedure of putting a catheter in two of the prisoner's extremities could not be completed, so a catheter had to be put in Smith's foot."




The spokesperson said the catheter mishap caused Tommy Smith's execution to be delayed by 35 minutes.








Media personnel were not allowed to attend the State's most recent execution. In December, Joseph Corcoran became the first state prisoner to be put death since 2009.




Despite Indiana's rules, one reporter attended the state's execution of Corcoran. Casey Smith of the Indiana Capital Chronicle was present during the execution because Corcoran invited her to attend the proceeding.




Casey Smith indicated the State's execution proceedings were not very transparent, even for parties attending in-person. Casey Smith reported that blinds on a one-way window limited media visibility of the execution area. Casey Smith added that the blinds were closed by a prison warden at one point during the proceedings.




Casey Smith indicated that execution witnesses could not clearly hear discussion happening inside the execution chamber.




Per the lawsuit, Casey Smith's reporting also indicated that IDOC denied Corcoran's request to have his spiritual advisor with him inside the execution chamber. After a lawsuit, his spiritual counsel was allowed in the execution chamber with him.




The lawsuit claims "Smith's reporting 'filled in key gaps' in the government's statements about Corcoran's execution proceeding."




The lawsuit also emphasized its own timeliness, as the State is due to execute Benjamin Ritchie - a man convicted of killing a Beech Grove police officer in 2000 - on May 20.




The complaint indicates that the plaintiffs believe the "Defendants cannot demonstrate that Indiana Code 35-38-6-6(a) and their implementing policy are narrowly tailored in pursuit of a compelling governmental interest."




In the lawsuit, the plaintiffs also claim the "Defendants, through their implementation of Indiana Code 35-38-6-6(a) will continue to unfavorably single out the press by depriving it of access to the May 20, 2025 execution of Benjamin Ritchie, and future executions thereafter, while affording that access to non-media witnesses."




According to the lawsuit, Indiana is one of 27 states that permits the death penalty. Indiana is one of two states that have the death penalty and do not allow reporters to witness executions.




The lawsuit also says the "Defendants, though their enforcement and implementation of Indiana Code 35-38-6-6(a), are treating non-media witnesses - namely, friends and relatives of the condemned, the spiritual advisor of the condemned, and relatives of the victim - more favorably than members of the press. Indeed, ISP 06-26 singles out the press for disfavorable treatment, stating 'Media personnel shall not be permitted to witness the execution or to be in the Execution Chamber.'"




In their "prayer for relief" at the end of the lawsuit, the plaintiffs indicated that they seek a declaratory judgment that Indiana Code 35-38-6-6(a) and ISP 06-26 violate the First Amendment of the Constitution.




The plaintiffs also seek "an injunction restraining Defendants from enforcing Indiana Code 35-38-6-6(a) and ISP 06-26 against members of the press, and requiring Defendants to permit Plaintiffs and other members of the press to access the execution of Benjamin Ritchie and future executions conducted by the State of Indiana in Indiana State Prison."




The plaintiffs also seek an award for attorneys fees and other costs related to the lawsuit.




Ritchie has sought clemency from Indiana Governor Mike Braun. A clemency hearing was held by the Indiana Parole Board on Monday.




It is currently unclear if the governor will grant clemency to Ritchie. As of Tuesday night, Ritchie's execution was still slated to proceed on May 20 as dictated by the Indiana Supreme Court.





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