Death Penalty; 'Did Md. Democrats drop the ball on repeal effort?'

Md. GOP Leadership TEAM 

As seen and first posted on the Reporters' Roundtable

Yesterday, during what was anticipated as being the final push for a Death Penalty Repeal effort, the Md. Democratic Senate, on its first two successfully passed amendments, completely took the ‘Repeal’ out of a controversial Death Penalty bill.

The orginal bill, SB 279, a Repeal effort backed by Governor O’Malley’s adminsitration and pushed by lead sponsor Senator Lisa Gladden (D-41), had made it through an early contentious procedural maneuver. However after a 25-22 vote, in favor of overturning the decision of the Judiciary Procedures committee, the repeal effort was given new life, advancing to second reader.

Special Ordered to 3:30P, by Senate President Thomas ‘Mike’ Miller, the Senate broke for committee hearings and lunch. Upon reconvening to discuss amendments, on second reader in the Senate chambers, Baltimore County Senators James Brochin and Bobby Zirkin offered amendments strengthening a Death Penalty procedure, opposed to any such Repeal.  After a 25-21 vote in favor of Sen. Brochin’s effort to eliminate Death Penalty sentences based solely off of eye-witness testimony, attributed to the Kirk Bloodsworth case, which saw a death row inmate’s conviction, overturned based on DNA evidence, taken years ago yet not reliable until testing was recently put in place to analyze such data.

After such request, Sen. Zirkin offered an even stronger amendment that bases Death Penalty convictions, solely off the testing and finite analyses of such DNA, in all cases. This amendment, subsequently overriding the one just passed, proved useful and was voted favorable 34-12, after one Senators change in vote. Therefore, leaving us with a Death Penalty bill, that no longer seeks to repeal such a measure.

This effort goes contrary to the lobbying efforts of Governor Martin O’Malley and the State Democratic Party, leaving some members lurching for assistance in their efforts in appeasing an electorate who is overwhelmingly in favor of such capital punishment. The obvious divide throughout the Democratic base leaves some to wonder had they actually Caucused to move forward as “One Maryland” or has their been a rift in the leadership of Md.’s elite, exposing a falsity in such a message?

The Maryland GOP, lead by Senator Allan Kittleman, whipped into shape by Senator Nancy Jacobs, surely have been unified in their efforts on not only repealing such a measure, but in their quest to strengthen the procedures to ensure that this policy is effective and satifisfactory for an electorate that has stressed the importance of such a measure!

Maybe if the “bi-partisan” Governor had sat down with the Minority Party, he could have worked out a comprimable solution, to a measure sure to protect and serve the interests of Maryland citizens’. Now that a ‘Repeal’ is off the table, let’s focus more on how we adequately apply the measure, throughout each Maryland jurisdiction and maybe we need to take a look at how much this State spends on the incarceration of these inmates, over a 20-30 year span of appeals and really try to streamline those efforts in a 2-5 yr. period, thereby reducing incarceration costs and allowing finances to be reallocated to more pressing policies and procedures.