Proposed legislation to repeal Maryland's death penalty is scheduled to be heard by state lawmakers in the Senate Judicial Proceedings Committee Wednesday afternoon in Annapolis.
Before the hearing, supporters of repeal are set to hold an 11:30 a.m. press conference in the House Office Building with NAACP President Benjamin Todd Jealous and relatives of murder victims. The two bills pending in the Senate and House have 85 co-sponsors between them.
Repeal advocates are expected to argue that years of death penalty appeals torment families of murder victims who otherwise would never hear from a defendant sentenced to life in prison.
Patch caught up with Baltimore County State's Attorney Scott Shellenberger—who supports the death penalty—and Kirk Bloodsworth, the state's leading anti-death penalty advocate, to help frame the debate. (See video.)
Tell us your opinion in comments below.
Both Shellenberger and Bloodsworth offer passionate reasons for their opinions on the death penalty.
Shellenberger said there needs to be an "ultimate punishment" for those who commit certain heinous acts, including the killing of a police officer or the murder of a correctional officer by a prisoner.
"What do you tell the family of a correctional officer when a defendant is already serving life for murder and then they killed your loved one?" Shellenberger said. "There has to be an ultimate penalty."
Bloodsworth served eight years, 10 months and 19 days in prison, including two years on death row, for the 1984 murder of a 9-year-old girl in Rosedale. DNA evidence exonerated him of the crime and Bloodsworth was released from prison in 1993.
"Honestly, after what happened to me, no one can say it can’t happen again..." Bloodsworth said. "We need to get rid of it."
Currently, Maryland has five defendants sitting on death row, including three who have avoided being executed since 1983.
The state has executed five men since the death penalty was reinstated in 1976, the last being Wesley Baker in 2005 for the 1991 murder of grandmother Jane Tyson. She was shot and killed during an armed robbery in a Catonsville parking lot in front of her 6-year-old granddaughter and 4-year-old grandson.
Since Baker's execution, Maryland has established some of the most stringent policies in the country for prosecutors to seek the death penalty. Shellenberger said since 2009 capital cases in the state are limited to those with "biological or DNA evidence proving guilt, a videotaped confession or a videotape that can link the defendant to a homicide."
Those restrictions, Shellenberger said, practically eliminates the chances of someone being wrongly convicted of capital murder and offer enough safeguards to ensure those improperly imprisoned—like Bloodsworth—are freed.
Baltimore County has only sought the death penalty twice since the new restrictions were put in place, Shellenberger said. Both cases involved defendants in the 2010 murder of Hess gas station owner William "Ray" Porter.
Walter Bishop after shooting Porter twice at the East Joppa Road station in Towson after he told police he was promised $9,000 from Porter's wife, Karla.
Shellenberger said he will seek the death penalty against Karla Porter, who is scheduled to go to trial later this year.
"I believe that Maryland right now has the most restrictive death penalty statute in the country," Shellenberger said. "[The legislature has] added conditions to our death penalty statute that basically said you can not rely solely on eyewitness testimony, that if you want to go forward with a death penalty case you would also need DNA linking the defendant to the crime, or a video taped confession or an actual video of the murder taking place itself."
Bloodsworth counters that the justice system is far from perfect. He stated that 140 death row inmates have been wrongly convicted in the United States and 280 people have been cleared of crimes through DNA, including 17 on death row.
Bloodsworth also cited the work of the Maryland Commission on Capital Punishment which recommended in 2008 that the state should repeal the death penalty for fear of executing an innocent person along with concerns over racial and geographic disparities.
Bloodsworth added that that requiring someone to spend the rest of their life in prison is a far worse punishment than having that person executed.
"The crime that I was accused of, and ultimately went to death row for and was later exonerated, the real perpetrator after the fact was never given the death penalty," Bloodsworth said. "I think that it's a better punishment for people because they have to sit in this place for the rest of their lives knowing what they did."
The question is: Where do you stand on repealing Maryland's death penalty? Share your answers in the comments section below.
Three strikes and your out is another failed policy and how can you say that prisoners should be doing "hard labor" that is more like slave labor, like they do in China and many other nations, we need to fix the economic problems that lead people to crime and stop locking people up. The problem with the education system is that we have created a system that is fragmented and so entrenched in bureaucratic mess that is run people who have no interest in education but fights to protect the teachers above those of the students, and inequality distributes resources and ignores the success of charter schools. and before you start calling me names like liberal and socialist and whatever else you think of me, I am life long republican and conservative.
I will agree the entire entitlement system is not corrupt but the majority is. You state ending this type of assistance would destroy families. Maybe it would maybe it wouldn’t but we have to start somewhere. There is no reason why a healthy man or women can’t go out and work. Jobs are out there even if it means working on a farm picking food or serving a burger at the corner restaurant. In my opinion they choose not to work. This is a generational problem that has to stop. I would love to see a study done on this, how many families from generation to generation are on public assistance. So what you solution to the prison and judicial system? Again the wheel is broken. We continue to poor tax dollars into a failed system where criminals do limited or no time for crimes and if sentenced to time they do nothing while serving there sentence. Where is the deterrent? As I stated before have a performance based salary for teachers if their students are successful they make top dollar but if they are producing substandard students then their pay id reflected. And do this for the administrators as well. I would make a great check and balances of the system.
why does it still cost a lot of $ with appeals....hard working and law abiding citizens should not have to pay for such waste of $.
in MD,folks(law abiding citizens) dont even carry conceal weapons...yet criminals have the upper hand.and now they even wanna abolish capital punishment ? what the bloody hell is wrong with people ? i would rather get shot while i was reaching for my piece rather than kneeling down and begging for my life ! any politician is not for pro guns,pro death penalty aint getting my vote,period !
Mass incarceration is also about social control in post-industrial capitalist society. If you do not agree to this, the corollary of your above proposition, I lose respect for your intellectual integrity, no big deal for either of us.
Agreed..
Read "Washington Rules" http://www.amazon.com/Washington-Rules-Americas-Permanent-American/dp/B0055X4CS8