Three years after Gov. Robert Ehrlich asked Lt. Gov. Michael Steele to study how Maryland implements the death penalty, Steele on Friday gave the governor his final recommendations — for the “formation of a workgroup to review the fairness and accuracy of Maryland’s death penalty system” and make “recommendations for reform.”
Steele refused to reveal the exact contents of his “privileged memorandum tothe governor” and would not say whether his recommendations included another moratorium on executions. “It could have,” Steele said with a smile in an interview Friday with The Examiner.
If Ehrlich approves, this will make the third study in the past four years on the death penalty in the state. University of Maryland professor Raymond Paternoster conducted a study released in January 2003 after Gov. Parris Glendening declared a moratorium on the execution of death row inmates, who are overwhelmingly black and very often prosecuted in Baltimore County. The study confirmed the well-known racial disparities and differences in jurisdictions in which prosecutors seek the death penalty.
There are 15 convicts awaiting execution in Maryland. Ten are black.
Steele, a Catholic, is opposed to both abortion and the death penalty. He has frequently been criticized in editorials, in columns and by political opponents for failing to stand up to Ehrlich in expressing his opposition.
Since Ehrlich requested the study, two more men have been executed.
Steele said their were “eight pressing issues” that could make the make the death penalty unfair and lead to the execution of innocent men: mistaken eyewitness identifications; bad work and even misconduct by forensic laboratories; the use of informants to gain convictions; poor legal representation for defendants; and disparities in executions based on race, income and geography.
The proposed workgroup, which would include legislators, judges, public defenders, prison officials, police, victims rights groups and members of the religious community, would implement reforms.
Ehrlich declined comment, though his spokesman Henry Fawell said, “The governor has always welcomed the lieutenant governor’s views on this matter. It’s well documented that they have a difference of views.”
But Steele said, “The governor looked favorably onmy request.”
