A public television station has asked a federal judge to allow it to film a prisoner being put to death, while a warden argues that he can keep cameras and reporters away from the execution.
U.S. District Judge Robert H. Schnacke was to hear final arguments Friday from attorneys for San Francisco television station KQED. He was not expected to issue a ruling for several weeks.KQED filed a lawsuit last year demanding that it be allowed to film the execution of convicted killer Robert Alton Harris in the San Quentin State Penitentiary gas chamber.
Warden Daniel Vasquez responded by barring all news media representatives from witnessing executions at San Quentin.
"Where it stands now, for the first time in California history there won't be any reporters at the next execution," said William B. Turner, the lawyer representing KQED.
KQED wants to film the execution as part of a documentary it is making on Harris, who was sentenced to die for kidnapping and killing two teenagers in 1978.
California has not executed anyone since 1967, but Harris' case has moved farther along in the appeals process than any other in the state. No execution date has been scheduled.
KQED claims the San Quentin ban is unconstitutional and that Vasquez lacks authority to bar reporters and cameras from an execution.
"The warden, who is paid by the state to manage executions, is actually making decisions to censor what the public learns about executions," said Michael Schwarz, KQED's current affairs director.