Gov. Martin O'Malley's push to end the death penalty in Maryland would probably fall short if a legislative vote were held today, even though the governor insisted yesterday that the repeal effort "has a real shot this year."
A Baltimore Sun survey of the 47-member state Senate - considered the critical chamber where the issue will be decided - has revealed a narrow majority opposed to repealing capital punishment.
The measure's fate could be determined by a handful of undecided or wavering senators. Some of those senators said they had yet to hear from the governor, even though O'Malley said last month that he would do "everything in my power" to abolish executions in Maryland.
O'Malley, a Democrat, will testify tomorrow before the 11-member Senate Judicial Proceedings Committee, which twice in two years did not advance a repeal bill to the Senate floor, including in a 5-5 vote two years ago.
Two committee members, Republican Sens. Bryan W. Simonaire and Alex X. Mooney, say they are weighing the issue. Both recently said they have no moral objection to capital punishment and believe that it should be used in some circumstances.
"In the most violent, heinous crimes, it is still a good option," said Simonaire, who along with Mooney voted against a repeal two years ago. "My basis is that I am a death penalty proponent."
Simonaire, whose district is in Anne Arundel County, said his chief concern - something he plans to ask questions about at tomorrow's hearing - is the possibility of executing an innocent person.
"That's my struggle," he said. "Are there enough problems to warrant a repeal, or would reforms work?"
Mooney, who represents Washington and Frederick counties, said he opposes a total repeal but would consider approving legislation that retains capital punishment for some kinds of killers, including a prisoner who kills a correctional officer.
Despite O'Malley's pledge to use his considerable influence to abolish the death penalty in Maryland, the governor had not reached out as of yesterday to those two potential swing voters.
"If he is doing everything in his power, it's not with me," Simonaire said.
Mooney said he had not talked to the governor about the death penalty, or any other legislative matter, this year.
The repeal movement gained momentum in December when a gubernatorial commission concluded that the death penalty in Maryland is so flawed that it must be abolished.
