The death penalty will remain on the books in Maryland for at least another year, as a Senate committee in a 5-5 vote defeated a proposal to ban executions.
But there is already a court order putting a moratorium on executions in Maryland. They may not resume any time soon if the governor or legislature does not resolve objections of the Court of Appeals to the procedures for lethal injections.
As expected, Sen. Alexander Mooney, a conservative Frederick County Republican, was the swing vote on a committee that was only one vote away from repeal. He told the Judicial Proceedings Committee that “a full and absolute repeal of the death penalty under all circumstance is not in the best interest for the common good of Maryland?s citizens.”
Instead, he offered an amendment to permit capital punishment only for inmates already serving a prison term who killed someone. Both senators who supported repeal and those who still favored the death penalty refused to accept Mooney?s narrowing of current law.
“You cannot be a little bit pregnant,” said Sen. Lisa Gladden, D-Baltimore City, the lead sponsor of repeal. And you cannot “have a little bit of repeal. ? You can?t have some victims than are better than other victims.”
“If you just open the door to so many things, that it is not a repeal,” Sen. Anthony Muse, D-Prince George?s, who also favored repeal.
Gladden, a public defender, said the answer to prison violence was not the death penalty, but more prison guards and better programs.
When Mooney?s amendment failed, the committee also rejected a proposal by Sen. Jamie Raskin, D-Montgomery, for a commission to study the death penalty.
Mooney supported the commission. “I think it needs the study,” said Mooney, adding he was concerned about innocent people being given the death penalty. “Kirk Bloodsworth?s story is pretty moving and he was innocent.”
Bloodsworth was convicted in Baltimore County for a brutal murder, but was later exonerated by DNA evidence. He had heavily lobbied Mooney and the rest of the lawmakers to repeal the death penalty.
After the committee vote, Bloodsworth said, “I?m very disappointed,” but “I certainly have not given up. There is plenty of fight left in this dog yet.”
Del. Sandy Rosenberg, sponsor of the repeal in the House, said, “I think there?s still a real possibility that the governor could call for a study by executive order.”
Votes on Death Penalty
The members of the Senate Judicial Proceedings Committee voted on the total death penalty repeal. It needed six votes to pass.
Favoring repeal:
» Jennie Forehand, D-Montgomery
» Brian Frosh, D-Montgomery
» Lisa Gladden, D-Baltimore City
» Anthony Muse, D-Prince George?s
» Jamie Raskin, D-Montgomery
Opposed to repeal:
» James Brochin, D-Baltimore County
» Larry Haines, R-Carroll
» Alexander Mooney, R-Frederick
» Bryan Simonaire, R-Anne Arundel
» Norman Stone, R-Baltimore County
Sen. Nancy Jacobs, R-Harford, who opposed the repeal, was absent dueto her father?s death.
