OKLAHOMA CITY--The American Civil Liberties Union has filed a joint brief in the United States District Court here in Oklahoma City that includes a Motion for a Preliminary Injunction and Response to the State’s Motion to Dismiss in Oklahoma Observer v. Patton. The Motion for Preliminary Injunction asks the court to:
- Enjoin the Defendants from curtailing, censoring, limiting, or hindering the ability of lawful witnesses and media representatives to witness the entire judicial execution process in Oklahoma without visual or auditory obstruction, from the time from when the condemned enters the execution chamber until the time the condemned is declared dead, or, in the event of legal or medical complications, the State calls off the execution and begins to provide life-saving medical care to the condemned;
- Order Defendants to offer full visual access to the execution chamber from the time when the condemned enters the execution chamber until the time the execution concludes, by raising the viewing shade to permit witnesses to view the condemned being escorted into the execution chamber and having IV lines placed in his body;
- Order Defendants to offer full audio access to the execution chamber from the time from when the condemned enters the execution chamber until the time the execution concludes, and enjoin them from placing a microphone on the condemned person’s body in lieu of audio feed of the entire chamber.
In addition to the joint briefs, the ACLU filed a Motion for Oral Arguments asking the court to hear arguments in advance of the next scheduled execution on November 13, 2014. The Motion states “[I]n short, Defendants have formalized—and exacerbated—the policies that caused irreparable harm to Plaintiffs’ First Amendment rights at the Lockett execution, and now plan to do so again on November 13th. Without an injunction from this Court, Plaintiffs’ constitutional rights will be irredeemably lost at Oklahoma’s next execution. Given the recent policy developments by Defendants, and the fact that this case presents a matter of first impression within this Circuit, Plaintiffs believe that oral argument may assist the Court in ruling on Plaintiffs’ Motion for Preliminary Injunction. Plaintiffs therefore respectfully request that this Court enter a schedule for oral argument that will permit the Court to rule on Plaintiffs’ Motion by November 13, 2014.”
Copies of each of the documents filed can be accessed by clicking on the below links.
Motion for Preliminary Injunction
Motion for Hearing for Oral Arguments
Amended Complaint
Response to Motion to Dismiss