Gov. Martin O'Malley's decision to take the lead on repealing Maryland's death penalty has revived the up-to-now moribund chances of overturning the law. For the first time in years, there's talk that legislation to repeal capital punishment has a shot to emerge from a Senate committee, where it has been stuck because of entrenched opponents. Mr. O'Malley has long opposed the death penalty and spoken out against it. But putting the power of his office and his skills of personal persuasion behind a repeal bill will add considerable heft to the fight.
This is the right cause to champion, and Mr. O'Malley is finally jumping into the ring. His decision to specifically mention repeal of the death penalty in his State of the State address showed his intent to take this on. He has the benefit of a special commission's work on the pros and cons of capital punishment. The panel, chaired by the distinguished, respected lawyer, former U.S. Attorney General Benjamin R. Civiletti, called for repeal of the law because of its unfair and inequitable application, its cost and the threat of mistakenly executing an innocent person.
Sen. Brian E. Frosh, chairman of the Judicial Proceedings Committee, would like the committee to vote out the bill. But unless one or two opponents change their mind, the bill could again die there. An alternative - to report the bill out of committee without a recommendation - would allow the full Senate to vote on this important issue, and not leave it again in the hands of a panel that doesn't reflect the majority view of their colleagues. The Senate floor is the place for legislators to voice their opposition, openly debate the question and vote their conscience.
Senate President Thomas V. Mike Miller, a key player here, remains an ardent supporter of capital punishment. But he too should recognize the necessity to bring this to a full vote and promptly, so a filibuster is less likely to disrupt the state's business. In a recent interview with a WYPR-FM reporter, Mr. Miller indicated that any astute student of the Senate knows how to free a bill from committee. That suggests that he may not stand in the way of the governor's call for a "fair up-or-down vote." Mr. Miller seems to understand that the political winds have shifted and the evidence of error and bias in the application of Maryland's death penalty has become too strong to ignore.
