Published: November 17, 2008 12:43 am      

Death penalty opponents cite reasons to repeal

CUMBERLAND — Critics of the death penalty say it is a costly sentence that does not help deter violent crime and often splits victims’ families between those who want the ultimate form of justice and those who feel it does no good.

Jane Henderson, executive director of Maryland Citizens Against State Executions, said those who support the repeal of the death penalty in Maryland in favor of sentences including life without parole are hoping state lawmakers take up the issue in the upcoming legislative session.

Henderson and former Speaker of the House Cas Taylor said Thursday in an interview with the Times-News the death penalty is wrong on three counts: morally, philosophically and pragmatically. And, in light of the current economic crisis, it might be a budget issue to be addressed sooner rather than later.

Henderson cited a report commissioned by The Abell Foundation that analyzed 1,136 Maryland capital murder cases adjudicated between 1978 and 1999. Among the study’s findings: The death penalty has cost the state at least $186 million in the 21-year period; the cost of a single death sentence in Maryland is approximately three times higher than the costs of a comparable, non-death penalty case; and when the death penalty is imposed, the court costs jump to almost seven times higher.

The $186 million “is state spending over and above what Maryland would have spent had there been no death penalty,” the study found.

The effort to repeal the death penalty appears to be gaining momentum. A vote Tuesday by members of the Maryland Commission on Capital Punishment voted by a slim margin to recommend repeal. Henderson said it wasn’t the final vote — members could vote again on Nov. 20 in Annapolis — and it was unclear in which direction some members were leaning. Updated information can be found online at http:// goccp.org/capital-punishment and www.mdcase.org.

Taylor and Henderson both noted the idea might be a tough sell in Mountain Maryland. That might not matter, however, if enough metropolitan-area votes will secure a repeal.

“I would think, knowing the people, the majority still would be for the death penalty,” Taylor said of Western Maryland residents. “I would have to think the majority of the legislature is ready.”

He said the vote of just one Senate Judiciary Committee member — Alex X. Mooney, a Republican representing Washington and Frederick counties — prevents the issue from reaching the floor for a full Senate vote.

And, “if put to a vote,” said Taylor, a government relations consultant and lobbyist with the law firm Alexander & Cleaver, “I think the will is there to get rid of it. I don’t think it’s an issue that’s going to go away if it doesn’t get accomplished in the next two sessions.”

Henderson said the current District 1 legislative delegation is “not a delegation where there’s a lot of support for repeal.”

Taylor said he’s always opposed the death penalty — even when he voted in favor of it 30 years ago as a first-term representative in the state House of Delegates. Taylor said he voted for it because voting against the initiative would have been the end of his political career.

“It’s been a struggle with me since 1978,” the 73-year-old said. “As I reflect back, it’s probably the one vote that I’m really sorry I cast.”

“Everything’s new to you,” Taylor said of a first-term elected official. “You’re very concerned about doing the will of the people (and) maintaining your position in office and getting re-elected.

Aside from the practical and moral cost to taxpayers and politicians, there’s the human impact on victims’ families. In cases of violent crime, there are instances where some family members strongly desire the prosecuting attorney to seek the death penalty. Other family members, Henderson said, often feel just as strongly against the concept.

The death penalty “actually adds to stress levels” of the families, Henderson said. “You guarantee a family is going to have to wait” for justice.

“I can tell you horrible stories of families not speaking to each other,” Henderson said. “When you think about it, it’s the last thing you want for the people they left behind.”

Said Taylor: “What does the state killing somebody accomplish? I guess you could say it accomplishes vengeance, but I was always taught vengeance was wrong.”

Contact Kevin Spradlin at kspradlin@times-news.com.