Repealing the Death Penalty in Maryland?

Here's the message I received from (Democrat) Governor Martin OMalley on Facebook regarding yesterday's vote:

On Tuesday, the Maryland State Senate is expected to vote on legislation that would repeal the state’s death penalty and replace it with life without parole. Send a note to your Senator to show your support for a repeal of the death penalty.

Last year, we came together as One Maryland to achieve the second largest reduction in homicides since 1985. The death penalty was on the books—and had absolutely nothing to do with that life-saving work.

As mayor of Baltimore, Governor O’Malley witnessed horrendous crimes that called out for justice. The death penalty was on the books—and did absolutely nothing to prevent these awful crimes or help reduce violent crime by 40 percent.And the death penalty has had nothing to do with our efforts to improve public safety in our communities. It’s been done through innovative policing, expanded DNA fingerprinting, and local and state partnerships.

We’re continuing to make Maryland safer—but we don’t need an expensive and utterly ineffective death penalty to do it.

And here's the emailed newsletter post I received from (Republican) Senator Allan Kittleman:

The Maryland Senate voted to bring the death penalty repeal to the floor during their morning session today. Senator Lisa Gladden (D - Baltimore City) moved that the bill be substituted for the unfavorable report of the Judicial Proceedings Committee. That motion passed by a vote of 25 yeas and 22 nays. I voted Nay.

The next motion was to move the bill to second reader which would give the bill a favorable report by the full Senate. That motion passed by a vote of 24 yeas and 23 nays. I again voted Nay. President Miller announced that the Senate will have a second session today so that amendments may be offered and debated.

Here is the Senate website where you can check out updates http://www.mdsenategop.com/


From just reading these items I thought that the death penalty was proposed to be repealed only to be replaced by life in prison. But in reading the Republican Caucus Website coverage, it says:

First, Senator James Brochin (D - Baltimore County) offered an amendment to strip the repeal provisions but to require that a defendant could not be sentenced to the death penalty solely on the basis of eyewitness evidence. Under Brochin's heightened requirements, prosecutors would have to provide physical evidence in addition to any eyewitness testimony before the death penalty applied. This amendment passed by a vote of 25 yeas and 21 nays.

Second, Senator Robert Zirkin (D - Baltimore County) offered an amendment that provided more specific requirements for physical evidence that must be introduced before a defendant can be sentenced to a death penalty. The Zirkin provisions require that a prosecutor introduce either: (1) biological or DNA evidence; (2) a videotaped voluntary interrogation and confession of the defendant; or (3) a video-recording that conclusively links the defendant to the murder. This amendment passed by a vote of 33 yeas and 12 nays.

I believe that having more stringent guidelines for determining the death penalty is a good thing, but to continue on, not everyone thought so.

"What we are getting is a real mess!" bemoaned Senator Delores Kelly (D - Baltimore County). President Pro Tem Nathaniel McFadden added, "This is not one of the high points" of the Maryland Senate.
After about an hour of tumoil on the Senate floor, Senator EJ Pipkin (R - Cecil, Kent, Queen Anne's & Caroline) move to recommit the bill back to the Judicial Proceedings Committee. The motion to recommit failed on a tie vote of 23 to 23.

Voting continues today, so I'll keep trying to figure out whether or not we have a death penalty in Maryland and/or if we have just more stringent guidelines for determining it. I know this has nothing to do with housing, but it is interesting!