One month after execution, few records released

Attorneys and others connected to the case say the state’s silence on the April 29 execution of Clayton Lockett is depriving the public of information it deserves.

Gov. Mary Fallin’s office estimates it will take six months to supply records requested by the Tulsa World related to the execution. Officials with the Department of Corrections and Department of Public Safety say they are reviewing pending records requests but couldn’t say when records would be provided.

Brady Henderson, legal director for the American Civil Liberties Union of Oklahoma, said state officials have reasons to withhold some sensitive records but not to delay release of other records or discuss the execution entirely in executive session.

“It seems to be a general lack of responsiveness,” Henderson said. “People all over the state and to some extent all over the country are trying to find out more about why it went so wrong. The state is in a difficult position and they’re in a difficult position because they put themselves in it.”

The Board of Corrections has scheduled an executive session during its monthly meeting next week to discuss an investigation into the execution, records show.

Henderson said the Board of Corrections “seems to be gravitating towards discussing this just in executive sessions.” The board also discussed the issue in executive session during its meeting this month.

“Just because there could be litigation doesn’t give the state license to effectively hide everything that went wrong to the public eye,” he said.

Beginning May 1, the World submitted several Open Records Act requests for emails, logs and other documents related to the execution to Fallin, Attorney General Scott Pruitt, DPS and DOC.

Pruitt’s office released more than 100 pages of emails to the World Friday. The emails were mostly communications with or about the media before the execution. Pruitt’s office provided a single email sent after Lockett’s execution, involving a suggested change to a Fallin press release.

In a letter, Pruitt’s spokesman Aaron Cooper cited portions of the Open Records Act that allow the attorney general to keep litigation and investigation files confidential.

In a release late Friday, DPS said it was reviewing open records requests related to the execution and determining what could be released without “disrupting the ongoing investigation.”

The Open Records Act states otherwise: public records “shall not be denied because a public body or public official is using or has taken possession of such records for investigatory purposes or has placed the records in a litigation or investigation file.”

DPS has not responded to a World request for copies of a log DOC is required to keep of all executions. Fallin and DOC officials have repeatedly referred questions and requests about the execution to DPS, which provided no official response until Friday.

Fallin’s office estimated that emails from her office related to the Lockett execution would take six months to provide.

“The office of Governor Mary Fallin has received your Open Records Request and placed it in the queue of Open Record requests,” states a response from Fallin’s office May 2.

Alex Weintz, a spokesman for Fallin, said the office has 18 other unrelated open records requests to process first.

“As you know, we process all of these requests in the order they are received. We do not make exceptions,” he said.

Weintz said Fallin has two full-time employees and one part-time staff member processing records requests.

“We also process these requests as fast as we can. It is a laborious process that often involves sorting through tens of thousands of digital and hard copy files. ... The governor is absolutely committed to transparency and to compliance with the Open Records Act.”

Fallin has signed several laws related to transparency passed last session by lawmakers.

Attorney Susanna Gattoni, who sued the state on behalf of Lockett and Warner over Oklahoma’s execution secrecy law, said the lack of available information one month later is troubling.

“We argued and still contend that there’s no reason to have secrecy surrounding the execution process. It’s involving carrying out the most severe punishment that exists and the fact that they’re attempting to keep it shrouded in secrecy is obviously still a concern.”

State officials have said the law is necessary to protect drug suppliers, doctors and others participating in executions.