Oklahoma Update: Reporters Committee for Freedom of the Press, Tulsa World sue state for botched execution records
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Stefanie Faucher
Dec 22, 2014, 8:33:02 PM12/22/14
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Associated Press - Tulsa World sues Oklahoma Gov. Mary Fallin, Public Safety Department over execution records
A press release from the Reporters Committee for Freedom of the Press
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Tulsa World sues Oklahoma Gov. Mary Fallin, Public Safety Department over execution records
December 22, 2014
TULSA, Oklahoma — An Oklahoma newspaper has filed a lawsuit against the state seeking the release of records related to the troubled execution of Clayton Lockett.
The Tulsa World reported Monday (http://bit.ly/1rdi2j1 ) that the lawsuit was filed by Reporters Committee for Freedom of the Press on behalf of BH Media Group, Inc., which owns the World, and Enterprise Editor Ziva Branstetter.
It seeks the immediate release of documents and emails the World requested from Gov. Mary Fallin's office and the Department of Public safety through multiple Open Records Act requests since May.
The records involve the April 29 execution of Clayton Lockett, who writhed on the gurney, mumbled and lifted his head during his 43-minute execution. The records include more than 3,000 pages of interview transcripts that were part of the state's investigation.
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Reporters Committee attorney represents Tulsa World and reporter in open records lawsuit seeking access to Okla. execution records
Press Release | December 22, 2014
Tulsa World reporter and Enterprise Editor Ziva Branstetter and her newspaper have filed suit against the state of Oklahoma seeking access to witness interviews, state officials’ email, and other records regarding the botched execution of Clayton Lockett in April 2014.
Reporters Committee for Freedom of the Press Litigation Director Katie Townsend and Oklahoma City attorney Robert D. Nelon of Hall Estill are representing the plaintiffs pro bono.
During Lockett’s execution, which Branstetter was covering for the Tulsa World, Lockett’s veins reportedly “exploded” after receiving the lethal injection, and he died from a heart attack after the procedure was halted. The execution of another inmate, Charles Warner, which was also planned for that evening, was delayed until Jan. 15, 2015.
Branstetter filed several requests under Oklahoma’s Open Records Act seeking, among other things, the transcripts of witness interviews conducted as part of the investigation into what happened during Lockett’s execution, and for emails between state officials discussing the issue. For some seven months, Branstetter’s efforts to obtain the records from the office of Gov. Mary Fallin and the Oklahoma Department of Public Safety have been stymied.
“Defendants in this case are withholding information from Plaintiff, a member of the news media and, accordingly, from the public, concerning the State of Oklahoma’s execution of criminal defendants,” the petition stated. “Access to such information is critical for the citizens of Oklahoma to be informed about the workings of their government, and the conduct of their elected officials. Absent such information, citizens of Oklahoma cannot meaningfully engage and/or petition their elected representatives concerning policy and other issues relating to the manner in which death sentences are carried out by the State.”
“The public’s need for access to this information is particularly pressing given that the State of Oklahoma has four executions scheduled to take place from January 15 to March 5, 2015,” the filing added.
In addition, the newspaper and its reporter note that state officials made redacted versions of the interview transcripts available to plaintiffs in a civil suit in November. When she learned of this, Branstetter again asked state officials to release the transcripts, but state officials have failed to do so.
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