In a landmark decision, Maryland?s highest court ruled Tuesday that the state?s current lethal injection process must be halted temporarily because it was not adopted in compliance with state law.
But the Maryland Court of Appeals rejected several anti-death penalty arguments put forth by convicted murderer Vernon Evans Jr., including racial bias causing prosecutors to seek his execution.
No evidence exists “that the race of the offender or of the victim played any role whatever in the prosecutor?s decision to pursue the death penalty against Evans, either in 1983 or in 1992,” the judges wrote.
Evans was sentenced to death for the 1983 murders of two Pikesville residents, oneof whom was scheduled to testify in a federal drug case.
Tuesday?s decision was hailed by Evans? attorney, A. Stephen Hut.
“Maryland?s lethal injection procedure was not adopted correctly,” Hut said. “There was no public notice or period of comment.”
State Department of Public Safety and Correctional Services officials said they will talk to their staff attorneys before deciding how to revamp lethal injection procedures.
The judges of the high court clashed in their ruling on whether there was racial bias in Evans? case ? causing the court?s top judge to dissent.
A University of Maryland study “provides substantial evidence that the Baltimore County State?s Attorney?s Office singled out black defendants from similarly situated white defendants when choosing against whom to seek the death penalty,” wrote Chief Judge Robert M. Bell.
The decision comes after judges halted executions in Florida and California over concerns that those states? lethal injection procedures amount to cruel and unusual punishment. Evans is pursuing the same claim in a federal lawsuit.
Gov.-elect Martin O?Malley, who will appoint a new secretary of Public Safety and Correctional Services once he takes office Jan. 17, said he doesn?t personally support the death penalty, though his personal opinion would not stop him from sanctioning an execution.
“I don?t think it works,” he said. “It is not a deterrent to violent crime. … I?m very much in favor of life without parole.”
Examiner writer Len Lazarick contributed to this article.
