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 Montgomery County residents stand on repealing Maryland's death penalty? Share your answers in the comments section below.
4) "The Innocent Executed: Deception & Death Penalty Opponents" http://homicidesurvivors.com/2009/10/08/the-innocent-executed-deception--death-penalty-opponents--draft.aspx 5) The 130 (now 140) death row "innocents" scam http://homicidesurvivors.com/2009/03/04/fact-checking-issues-on-innocence-and-the-death-penalty.aspx 6) "Exoneration Inflation: Justice Scalia’s Concurrence in Kansas v. March", by Ward Campbell, Supervising Deputy Attorney General, California Department of Justice, p 49, The Journal of the Institute for the Advancement of Criminal Justice, Issue 2, Summer 2008, http://www.cjlf.org/files/CampbellExonerationInflation2008.pdf 7) "The innocence tactic: Unreliable studies and disinformation", reports By United States Congress, Senate, 107th Congress, 2d Session, Calender no 731, Report 107-315. The Innocence Protection Act of 2002, (iv) The innocence tactic: Unreliable studies and disinformation, p 65-69, http://alturl.com/6j7oc 8) "The Innocent and the Shammed", Joshua Marquis, Published in New York Times, 1/26/2006 http://coastda.blogspot.com/2006/01/innocent-and-shammed-nyt-oped.html contd
9) "Troy Davis & The Innocent Frauds of the anti death penalty lobby", http://prodpinnc.blogspot.com/2011/11/troy-davis-innocent-frauds-of-anti.html 10) "The Myth Of Innocence", Joshua Marquis, published in the Journal of Criminal Law & Criminology - 3/31/2005, Northwestern University School of Law, Chicago, Illinois http://joshmarquis.blogspot.com/2005/03/myth-of-innocence.html 11) Sister Helen Prejean & the death penalty: A Critical Review" http://homicidesurvivors.com/2009/05/04/sister-helen-prejean--the-death-penalty-a-critical-review.aspx 12) "At the Death House Door" Can Rev. Carroll Pickett be trusted?" http://homicidesurvivors.com/2009/01/30/fact-checking-is-very-welcome.aspx 13) "Cameron Todd Willingham: Another Media Meltdown", A Collection of Articles http://homicidesurvivors.com/categories/Cameron%20Todd%20Willingham.aspx
All prospects of a negative outcome deter some. It is a truism. The death penalty, the most severe of criminal sanctions, is the least likely of all criminal sanctions to violate that truism. 1) 28 recent studies finding for deterrence, Criminal Justice Legal Foundation http://www.cjlf.org/deathpenalty/dpdeterrencefull.htm 2) "Deterrence & the Death Penalty: A Reply to Radelet and Lacock" http://homicidesurvivors.com/2009/07/02/deterrence-and-the-death-penalty-a-reply-to-radelet-and-lacock.aspx 3) "Death Penalty, Deterrence & Murder Rates: Let's be clear" http://prodpinnc.blogspot.com/2009/03/death-penalty-deterrence-murder-rates.html 4) This is out of date, but corrects a number of the misconceptions about deterrence. "Death Penalty and Deterrence" http://homicidesurvivors.com/2006/03/20/the-death-penalty-as-a-deterrent--confirmed--seven-recent-studies-updated-61204.aspx 5) "The Death Penalty: More Protection for Innocents" http://homicidesurvivors.com/2009/07/05/the-death-penalty-more-protection-for-innocents.aspx
As review above, innocents are more at risk withou the death penalty.
The links are connected to about 40 independent objective sources. You have to go to the links and see what is there. No, reviews older than two years are not outdated. You would knoe that if you read them. It would be nice if you read, first, then arrived at an opinion.
TEXAS!! TEXAS???? What the heck are ya doing around here young fella? Maybe stick with the Pace Picante sauce.......
You have yet to note that anyhting I posted was either factually or rationally lacking. I suspect that is because you cannot. Those who don't know, complain. Those who do know have an informed discussion. Quit wining and get to the discussion.
Am more than happy to tend to both.
"The question is: Where do Montgomery County residents stand on repealing Maryland's death penalty? Share your answers in the comments section below."
I agree Theresa! As to where I stand on this issue........ I'm against the Death penalty....they should repeal it.... Maybe another good referendum topic? I'm big on those you know :)
If I may Sir, give you a piece of advice. Nobody in their right mind is going to read all of those "links" you posted. It just ain't gonna happen, there is alot to be said for brevity. Here is another one for you, the Maryland Death penalty is going away, not sure when, but it will happen. If you want to keep it in Texas and that is what Texans want, then more power to you all.
I haven't seen a poll in Maryland that covered those. But . . . When Gallup asks about truly death penalty eligible murders, Gallup found death penalty opposition falls by 43% and support rose by 25% (1), which would mean 77% support and 20% opposition using Gallup’s 10/6-9/11 poll (2), as with Timothy McVeigh’s (the Oklahoma City bomber’s) execution, 81% supported his execution, with 16% opposed (Gallup 5/02/01), while 65% offer general support for executions for all murders, with 28% opposed (Gallup, 6/10/01) (1). The polls were conducted at nearly the same time. A Nov, 2010 poll showed that a majority (81%) believes that innocents have been executed and that a majority (83%) still supports the death penalty (2). (1) "Death Penalty Support Remains Very High: USA & The World" http://prodpinnc.blogspot.com/2009/07/death-penalty-polls-support-remains.html (2) a. "(83% 0f) Americans Support Punishing Murder with the Death Penalty", Angus Reid Poll, 11/09/10, http://www.angus-reid.com/polls/43498/americans-support-punishing-murder-with-the-death-penalty/ b. 80% US death penalty support, 12% opposed – 10/4/11 poll http://www.angus-reid.com/polls/44070/most-americans-prefer-the-death-penalty-for-convicted-murderers/
It represents justice in some cases and it spares more innocent lives. Those who fight against the death penalty, by sparing more murderers are sacrificing more innocents, a terrible outcome.
What state did this happen in? Was the murdered facing life or death penalty?
I am extremely sorry for your losss. Was the murderer ever caught? If so, what was the sanction?
VERY ANGRY'S DAUGHTER!!!
Appeals should only take 7 years, as in Virginia, wherein 75% of those so sentenced have been executed. Anti death penalty lobbyists and legislators are to blame for both the irresponsible systems that exist elsewhere and for fighting implementation of reasonable reforms. Death penalty opponents want to drive up the costs as much as they can, which includes stringing out appeals for as long as possible - both of which harm murder victims' survivors, even more. All states can and should implement reforms to match Virginia. Based upon my experience with murder victim survivors, there are two important types of closure with execution. 1) the justice of execution, which brings a close to the appeals process and 2) it ends any possibility that the murderer can harm or murder, again - a very big deal if you care about more folks getting harmed.
Please tell us the following: 1) The full names and ages of the victims. 2) The full names and ages of the defendants. 3) The exact location of occurrence, to include city or town, state and county. 4) The exact time it occurred. 5) Why did this crime happen? 6) The court(s) that heard the case. 7) The current status of the case.
"Death penalty opponents want to drive up the costs as much as they can, which includes stringing out appeals for as long as possible - both of which harm murder victims' survivors, even more." FALSE There are no facts so in this "very angry" case that warrant further examination related to Maryland or Montgomery County. Its highly likely the case took place in a death-penalty state. Until more information is provided, your smear campaign is just that.
It's my sloppy typing, more than my bad spelling. But, no excuse. I am unsure about your corportation vs person comment. Reference? Many folks misunderstand deterrence, as you appear to. I referrenced this earlier, above, as: 3) "Death Penalty, Deterrence & Murder Rates: Let's be clear" http://prodpinnc.blogspot.com/2009/03/death-penalty-deterrence-murder-rates.html I hope you read it.