On May 15, 2014, the American Civil Liberties Union of Missouri, the Reporters Committee for Freedom of the Press and Chris McDaniel, a St. Louis Public Radio reporter, filed a lawsuit against the Missouri Department of Corrections for violating the Sunshine Law by withholding public information regarding the state’s recent executions.
The American Civil Liberties Union of Missouri has brought several lawsuits against the Missouri Department of Corrections in an effort to determine the source of the lethal drugs to be used in executions, as well gain information about the state’s execution protocol in general. “This time we are partnering with the Reporters Committee for Freedom of the Press,” says Jeffrey Mittman, executive director of the ACLU of Missouri. “Missourians have a right to understand how its government intends to carry out the death penalty in its name and the state cannot circumvent our Sunshine Law.”
"With lethal injection methods at the forefront of national and international debate, it is critical that the public be able to engage in a fully-informed discussion about the issue. Missouri and other states would rather keep the public in the dark about the safety and efficacy of lethal drugs. But we believe it is time for the media and the public to start challenging these states, and Missouri is the first step in our multi-state effort to enforce Sunshine Laws and increase public access," said Reporters Committee Executive Director Bruce D. Brown.
Founded in 1970, the Reporters Committee for Freedom of the Press offers free legal support to thousands of working journalists and media lawyers each year. It is a leader in the fight against persistent efforts by government officials to impede the release of public information, whether by withholding documents or threatening reporters with jail. In addition to its 24/7 Legal Defense Hotline, the Reporters Committee conducts cutting-edge legal research, publishes handbooks and guides on media law issues, files frequent friend-of-the-court legal briefs and offers challenging fellowships and internships for young lawyers and journalists. For more information, go to www.rcfp.org, or follow them on Twitter @rcfp.
Update: July 16, 2015
Today, the Circuit Court of Cole County agreed that the Missouri Department of Corrections broke the law by failing to honor a Sunshine Law request to disclose the name of the pharmacy that supplied the drugs it uses to administer the death penalty.
“After today’s decision, the Missouri Department of Corrections can no longer hide behind Missouri statutes and refuse the public’s right to know where it obtains execution drugs,” explains Tony Rothert, legal director of the ACLU of Missouri. “The public has a right to know the source of the illegal drugs the State uses to kill people in the public’s name.”
“When it comes to an issue of public policy as important as the death penalty, it’s disappointing when our government breaks the law. Fortunately the courts stand ready to protect the rights of the people of Missouri,” says Jeffrey Mittman, executive director of the ACLU of Missouri.
A copy of the lawsuit can be found below: