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Media file lawsuit to challenge execution secrecy

By WTOP Staff

JIM SALTER
Associated Press

ST. LOUIS (AP) — The Associated Press and four other news organizations filed a lawsuit Thursday challenging the secret way in which Missouri obtains the drugs it uses in lethal injections, arguing the state’s actions prohibit public oversight of the death penalty.

The lawsuit asks a state court judge to order the Missouri Department of Corrections to disclose where it purchases drugs used to carry out executions along with details about the composition and quality of those drugs.

“We assert that there is a constitutional right for the public to know the drugs that are used when a state puts someone to death,” said Dave Schulz, an attorney for the news organizations and co-director of the Media Freedom and Information Access Clinic at Yale Law School.

A spokeswoman for Missouri Attorney General Chris Koster, Nanci Gonder, declined to comment when asked Thursday about the lawsuit.

Missouri is among the many U.S. states that refuse to disclose where they purchase execution drugs, their makeup and how they are tested.

The sourcing of execution drugs has become an issue nationwide since major drugmakers, many based in Europe, began to refuse selling their products if they were to be used in an execution.

Many states have turned to compounding pharmacies, which are not as heavily regulated as traditional pharmaceutical companies but are able to make the required drugs. Several have refused to name their supplier, sometimes citing security concerns and threats to the pharmacies.

Asked about these threats, law enforcement officials in several states have told the AP they do not know about them, are not actively investigating them or do not consider them to be serious.

Missouri law prohibits naming anyone who is part of the “execution team.” The Missouri Department of Corrections considers the drug provider part of that team.

Six men have been executed in the state with the single drug pentobarbital since November. Another execution is scheduled for Wednesday, when Russell Bucklew is set to die for killing a romantic rival as part of a crime spree in southeast Missouri in 1996.

The lawsuit was filed in Cole County Circuit Court in Jefferson City by the AP; Guardian US, the British newspaper’s New York-based American operation; The Kansas City Star, the St. Louis Post-Dispatch and the Springfield News-Leader.

The news organizations submitted requests to the Department of Corrections under Missouri’s public records law that sought the “name, chemical composition, concentration, and source of the drugs approved for use in lethal injection executions,” details about quality test of the drugs and information about the qualifications of those involved in the process. They also asked for policy statements, regulations and memos related to “assessment or approval” of drugs for lethal injection.

On April 25, the Department of Correction’s deputy general counsel, Matthew Briesacher, responded to the Guardian US request with a copy of the protocol. But he refused to release other documents, writing that some of the information is closed under Missouri law, and records are closed “pursuant to the state secret doctrine.”

Briesacher did not define the “state secret doctrine.” The lawsuit said the Missouri Supreme Court has previously rejected such a “state secrets” privilege, noting further that the AP and the other news organizations have not requested any “state secrets.”

The AP, the Star, Post-Dispatch and News-Leader received identical responses on Monday.

Meanwhile, another lawsuit was filed Thursday against the corrections department. The American Civil Liberties Union of Missouri, the Reporters Committee for Freedom of the Press and Chris McDaniel, a reporter for St. Louis Public Radio, claimed that the department violates Missouri’s Sunshine Law by withholding public information about executions.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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