A proposed death penalty commission denounced by Republican leaders as a “stacked deck” for Gov. Martin O?Malley?s repeal position won approval in the House of Delegates on Monday.
The House passed a study of Maryland?s death penalty practices after rejecting Republican-led efforts to reduce the number of governor appointees and exclude members who belong to public policy groups. As proposed, the 19-member commission will include 12 members appointed by O?Malley, who opposes the death penalty, and will be staffed by his Office of Crime Control and Prevention.
Under those provisions, Republicans called the study a “decision waiting for a process to validate it.”
“The outcome will be that the death penalty is racially biased, that it?s cruel and unusual punishment and that it?s more costly to use the death penalty than life in prison,” said Del. Michael Smigiel, a Cecil County Republican.
Republicans have accused O?Malley of imposing a de facto ban on the death penalty by refusing to adopt new regulations after a December 2006 Maryland Court of Appeals ruling suspended executions until lethal-injection protocols are formally adopted.
The commission will look at racial and economic disparities in death penalty sentences, according to supporter Del. Samuel Rosenberg, a Baltimore City Democrat, who said three of the commission members will belong to victims? families.
During debate Saturday, Rosenberg said any reinstatement of the death penalty would be “inappropriate” until the courts have rendered a final decision.
“We do need a death penalty commission that is not a stacked deck,” Rosenberg said. “It will be balanced.”
State analysts estimate the six-month review will cost almost $89,000. The Senate has not yet taken action on the proposal.
