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Maryland's death penalty repeal being studied

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The Maryland Commission on Capital Punishment is exploring a repeal of the death penalty. United Methodists are urging those opposed to state-sponsored executions to voice their opinions.

BY SARA KLEMM

Just as the 2008 session of the Maryland General Assembly was coming to a frenzied end, a bill creating the Maryland Commission on Capital Punishment passed in both chambers with broad and diverse support. Not only did key swing votes, as yet uncommitted to voting for full death penalty repeal, support the measure, but so also did some unlikely suspects, such as Republicans or historically conservative, law-and-order type Democrats.

The bill established a 23-member commission, with membership named in June, tasked with holding public hearings and bringing in expert testimony in order to write a report detailing findings regarding a number of concerns with Maryland's death penalty - including racial, geographic, and socio-economic disparities in seeking and sentencing death, innocence and the impact on victims' families.

This report is due to be finalized by Dec. 15. Even more important, the commission is charged with making recommendations for moving forward on the issue in Maryland.

The death penalty debate has resulted in a deadlocked legislature, as more Marylanders increasingly understand serious problems in the system. The last execution took place in 2005, under Gov. Robert Ehrlich's administration. The current governor, Martin O'Malley, has advocated for repeal of the death penalty during the two most recent legislative sessions.

Two public hearings have been held in Annapolis already. In addition to public witnesses, commissioners have heard testimony regarding the questionable fairness of Maryland's death penalty and issues relating to race and geographic bias, access to adequate representation, and constitutional problems.

Several murder victims' family members - representing a variety of opinions regarding capital punishment - have also testified, as have David Kaczynski and Bill Babbitt, both of whom have had the harrowing experience of turning in a brother charged with homicide only to have authorities seek death for their crimes.

A public hearing before the commission will be held Sept. 5 from 3 to 7 p.m. in the Joint Hearing Room of the Department of Legislative Services' building in Annapolis at 90 State Circle. United Methodists are encouraged to attend to show their support for ending executions in Maryland.

Amid all the scrutiny and debate about the future of capital punishment, Maryland prosecutors are still seeking death sentences - particularly in Baltimore County. Notably though, the State's Attorney's office is having a harder time returning such sentences in recent months.

Two high-profile capital cases, both involving the Dept. of Public Safety and Correctional Services, resulted in sentences of Life Without Parole. An Anne Arundel County judge opted not to sentence Brandon Morris to death for the killing of a Washington County correctional

officer, citing his young age and long history of violence and abuse as factors mitigating his decision.

Another judge found Kevin Johns, charged with killing another inmate on the Correctional Services bus transporting them from one facility to another, guilty but not criminally responsible for the crime due to an extensive history of mental illness. Both judges also flagged serious errors made within the correctional system as the killings were committed, and noted grave concern for problems that continue to exist.

What lies ahead in the immediate future of Maryland's death penalty? While we wait for the commission to issue its final report and recommendations at the end of this year, repeal advocates are still working hard to amass public support for ending executions. Key areas where more support needs to be built continue to be Baltimore, Frederick, Howard, and Anne Arundel counties.

Expect to see a flurry of events and forums to come in those areas and others throughout the fall leading up to the 2009 legislative session. When the General Assembly convenes in January, repeal legislation will again be introduced.

We need you to help build record lawmaker support for death penalty repeal in 2009. Please consider organizing an event or forum at your United Methodist congregation or inviting a staff member from MD CASE to come to a meeting of your social action committee or religious education class. Contact MD CASE at 301-779-5230 or

Sara Klemm was director of MD CASE when she wrote this article. She left the position Aug. 15.

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