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Court: Media Can Watch California Executions from Beginning to End
By Associated Press
Published: 08/19/2002

Handing a First Amendment victory to news organizations, a federal appeals court ruled that the media have the right to witness California executions from beginning to end. 
A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously ruled against a 1996 state policy of keeping the curtains drawn on the windows of the execution chamber until the inmate is strapped down with needles in his veins and the executioners are out of sight. 
The appeals court said fears that showing the officers' faces would subject them to retaliation by inmates are unfounded. The court also noted that there is the option of surgical masks. 
In addition, the court said the practice denies the public information it needs to make up its mind about executions. 
''To determine whether lethal injection executions are fairly and humanely administered, or whether they ever can be, citizens must have reliable information about the `initial procedures,' which are invasive, possibly painful and may give rise to serious complications,'' wrote Judge Raymond C. Fisher. 
Roger Myers, an attorney for the news media in the case, called the ruling ''a great victory for the First Amendment and for the people of this state who can now remain informed, fully informed, of one of the most controversial and important issues of the day.'' 
The policy was first used at the execution of serial killer William Bonin, the first man put to death by injection in California. When the curtain was drawn back, Bonin lay still. It was later revealed that Bonin's executioners had spent several minutes behind the curtain trying unsuccessfully to insert the needles. 
News organizations including the California First Amendment Coalition and The Associated Press sued, saying witnesses have a right to view the whole process. 
Over the next few years the policy was both struck down and upheld as the case went through the courts. Witnesses saw all of a 1996 execution but only the final minutes of the next four executions. A federal judge struck down the precaution for a 2001 execution, and the appeals court upheld that ruling.



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