NASHVILLE, TN– The Tennessee Supreme Court on Wednesday temporarily blocked a lower court order that would have done so Allow media witnesses to see more parts of state-run executions.
The ruling restores the previous process prior to Tony Carruthers’ scheduled execution on May 21, and will remain in place during the ongoing appeal. The Expansion of Access order is not yet in effect during any implementation.
In January, a Nashville judge issued a temporary injunction for a coalition of news organizations, including The Associated Press. The group filed a lawsuit over the allegations State implementation protocols Unconstitutionally restricting comprehensive and accurate reporting.
The judge had ordered the curtains of the official witness room to be opened early during the lethal injection, allowing witnesses to observe the prisoner being shackled to a gurney and the intravenous insertion process itself. The curtains must also remain open for a longer period, until death is pronounced, according to the judge’s ruling.
The judge also ruled that, to protect the identity of the execution team members, they were to wear a disposable protective suit covering the members’ regular work uniform, ID badge and hair, and they should be offered a mask to further conceal themselves.
While arguing to block the new rules during its appeal, the state attorney general’s office argued that media prosecutors had no First Amendment right to watch the executions, let alone see the additional clips that the lower court judge had ordered them to watch. The state also said the order would have significantly expanded media visibility, risked exposing the identities of enforcement team members, introduced “untested” procedures, and relied on a faulty analysis of state laws.
In response, lawyers for the media organizations asserted that denying expanded access would deprive the public of valuable information about upcoming scheduled executions. They said they had a constitutional and legal right to observe entire executions, and that wearing personal protective equipment would protect the identity of the execution team.
The order repeats the process from previous executions, when members of the media begin to see what happens once the condemned person is actually strapped into a gurney and hooked up to intravenous lines. Witnesses also do not know exactly when the injection begins, and those administering the injection are in a separate room.
The protocol states that after the saline and pentobarbital injections are administered, the team leader signals the warden and a five-minute waiting period begins. After that period, the curtains are closed and the camera is turned off, and then the doctor comes to determine whether the person is dead. If so, the warden announces over the intercom that the sentence has been carried out and witnesses are directed to exit.
The camera and CCTV are viewed by the enforcement team, not media witnesses.
In addition to AP, the media alliance includes Gannett Co., Inc.; Nashville Public Media, Inc.; Nashville Public Radio; Scripps Media, Inc.; Six Rivers Media Limited; And Tegna Company.