Calderon

ORDER.

Following the execution of William George Bonin in February of 1996, plaintiffs initiated this action seeking to enjoin defendants to allow witnesses of executions to view earlier stages of the execution process than were then permitted. At the Bonin execution, the witnesses were only permitted to view the proceedings after Bonin had already been strapped to the gurney and intravenous tubes had been inserted into his arms. The witnesses did not hear the execution order and could not perceive the point at which the lethal compounds began entering Bonin’s body. Plaintiffs contend that the First Amendment and California law compel defendants to allow witnesses to view a more substantial portion of the execution process.

Defendants’ policy, Procedure 770, allows for observation only after the condemned inmate is strapped down and the IV shunt has been inserted. Plaintiffs seek to view the execution from the moment the condemned inmate enters the execution chamber. This would entail an estimated additional five to twenty minutes of observation time. This court granted plaintiffs’ motion for a preliminary injunction and ultimately granted a permanent injunction on summary…