EVANSVILLE, Ind. — A federal judge has denied a high-profile legal bid by several news organizations to witness Indiana’s first execution in more than a decade, ruling late Friday that the First Amendment does not entitle the press to observe the state’s most severe form of punishment.

The decision clears the way for the May 20 execution of Benjamin Ritchie to proceed without media witnesses, unless the death row inmate personally designates a journalist as one of his five guests.

The ruling, handed down by U.S. District Judge Matthew Brookman in Indiana’s Southern District, delivers a significant blow to advocates of transparency, who say public access to executions is vital in maintaining accountability over the government’s most extreme exercise of power.

Media Barred — Unless Chosen by the Condemned

The legal challenge was brought by five news outlets — including the Indiana Capital Chronicle, The Associated Press, Gannett, Circle City Broadcasting, and TEGNA — in an attempt to prevent the state from carrying out the execution without press oversight.

They asked Brookman to issue a preliminary injunction blocking Indiana’s long-standing ban on media witnesses and halting the execution unless journalists were granted access. They also challenged an Indiana Department of Correction (DOC) policy that flatly states: “press shall not be permitted to witness the execution.”

Brookman denied the request.

In a 14-page ruling, the judge wrote that executions are not part of the judicial process protected by the First Amendment. Instead, he categorized them as a post-sentencing administrative act.

“Indiana law treats members of the press the same as members of the public at large,” Brookman stated, rejecting arguments that reporters were being unfairly excluded.

The only way a journalist may witness Ritchie’s execution — or any future executions under current law — is if he is named among the five personal guests permitted by the condemned inmate.

State Argues Logistics and Precedent

During Friday’s hearing in Evansville, Jeff Garn, an attorney representing the Indiana Attorney General’s Office, argued that the request came too late to be practically accommodated, given the tightly choreographed nature of executions.

He emphasized that the state began preparing for this execution months ago and that media inclusion would “disrupt a highly coordinated process.”

“There is no right to observe an execution,” Garn said. “This is not a public proceeding. It’s the carrying out of a lawful sentence.”

Garn also cited physical constraints: the two witness rooms inside the Indiana State Prison in Michigan City, where Ritchie will be executed, are tightly controlled, with seating capacity fixed due to bolted-down chairs. He said it was “unclear” how the DOC would even go about accommodating additional observers without compromising security or privacy.

The Request for Transparency

Lin Weeks, attorney for the Reporters Committee for the Freedom of the Press, which represents the media plaintiffs, countered that executions — while not judicial hearings — are the culmination of a public criminal case and therefore should remain open to scrutiny.

“Public access ensures executions are competently and humanely administered,” Weeks told the court. “Missteps should be known to the public.”

Weeks argued that journalists are “surrogates for the public”, serving to ensure that capital punishment is carried out fairly, transparently, and without abuse.

The plaintiffs specifically asked for four seats for journalists — either within the current 13-person witness cap under Indiana law or by expanding capacity in the existing viewing rooms.

He also pointed out the inconsistency between Indiana’s restrictive law and federal execution practices, which routinely allow up to 10 media witnesses and even provide closed-circuit video feeds in some cases.

One of Two States That Bar Media Access Entirely

Indiana is one of only two U.S. states, alongside Wyoming, that does not allow journalists to witness executions unless they are designated by the inmate.

Under Indiana’s law, witness attendance is limited to:

• The prison warden and their assistant

• Two medical professionals

• A spiritual advisor and prison chaplain

• Five guests of the inmate

• Up to eight family members of the victim

There is no provision in the statute for media, and DOC policy explicitly bars them.

Weeks argued this framework treats the press more harshly than other members of the public, who may attend if they are related to the victim or personally connected to the condemned.

A Tight, High-Stakes Operation

Ron Neal, the Warden at Indiana State Prison, testified on behalf of the state. He described the prison’s execution room as “very limited”, estimating it at just 10 feet by 10 feet — about the size of a small bedroom.

Neal, who oversaw the December 2024 execution of Joseph Corcoran, noted that preparations for Ritchie’s execution have included weekly rehearsals, IV-line training with live volunteers, and full dress rehearsals.

“We take it very seriously,” Neal said. “We don’t want to make any mistakes.”

He also warned that identifying DOC staff involved in executions could endanger them, making team recruitment more difficult. “If their identities are not protected, I wouldn’t have a team,” Neal testified.

Media Access Still Possible — But Only by Invitation

Unless the ruling is overturned on appeal or Ritchie personally names a journalist among his five guests, no independent reporters will witness the execution on Tuesday.

The plaintiffs had previously petitioned to be included on Ritchie’s list, but their requests were denied.

Ritchie, who has spent over 20 years on death row, was convicted in the 2000 killing of Beech Grove police officer William Toney during a high-speed chase. His clemency plea was rejected by Governor Mike Braun earlier this week, following a similar recommendation by the state parole board.

Indiana’s last execution before 2024 occurred in 2009, marking a 15-year hiatus. Corcoran’s execution in December reignited the debate over transparency in the death penalty process.

Brookman’s ruling means that, for now, Indiana’s executions will remain shrouded from public view, save for those with personal ties to the condemned or the victims.