Indiana State Police agrees to allow death penalty protesters to gather closer to prison

Indiana State Police has agreed to allow death penalty protesters to gather near the entrance of the federal penitentiary in Terre Haute during executions.

Federal executions resumed in July, drawing death penalty protesters and advocates to the Terre Haute facility. It is the only place where federal executions are carried out.

The American Civil Liberties Union of Indiana filed a lawsuit against ISP on behalf of the protesters earlier this month. The lawsuit accused ISP of violating protesters' First Amendment rights when police blocked roadways leading to a Dollar General parking lot at State Road 63 and West Springhill Drive near the prison.

ISP, represented by the Indiana Attorney General's Office, and the ACLU signed and filed a joint stipulation Friday, resolving the case.

ISP agrees to not erect barriers preventing protesters from gathering at the desired location, according to court documents. Police reserve the right to block the area should there be an emergency concerning public safety. ISP is not responsible for plaintiffs getting permission from the Dollar General to gather in the parking lot.

ISP does not admit to violating protesters' rights by entering the agreement. IndyStar has left a message with ISP attorneys. ACLU attorney Ken Falk couldn't speculate as to why ISP attorneys agreed to the resolution, but said ACLU felt the matter was "an obvious violation" of the First Amendment. Both parties agreed to dismiss the lawsuit.

Protesters previously told IndyStar it was important to be able to see the prison while holding vigil for the prisoners being executed. They were given the option of gathering at a fenced-in area of the prison grounds, but ACLU attorneys said the area was "far removed from the death chamber" and provided no shelter from the sun. They also say protesters could have been stuck in the enclosed area for an unknown amount of time, with no way out unless officials escorted them.

Protesters instead gathered near a car dealership at the intersection of U.S. 41 and Springhill Road, where the prison was not visible and where passers-by may not have understood what was being protested or why.

"It simply was not an appropriate place to stand in silent vigil as a human life is taken," the lawsuit said.

More executions scheduled

Lezmond Mitchell, who murdered a grandmother and her nine-year-old granddaughter in Arizona in 2001, is scheduled to be executed Aug. 26. Keith Dwayne Nelson, who kidnapped, raped and strangled a 10-year-old girl in Texas in 1999, is set to be executed Aug. 28.

William Emmett LeCroy, who raped and murdered a woman in Georgia in 2001, is scheduled to be executed Sept. 22. Christopher Andre Vialva, who murdered two youth ministers in Texas in 1999, is scheduled for execution on Sept. 24.

Source: indystar.com, Elizabeth DePompei, August 14, 2020

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