Taking a life

I also tell my students not to read their testimony but to speak from their head and heart instead.

Today, my committee heard the bill to repeal the death penalty.

Below is my written testimony.

I did not read it but did relate most of it.

 

This is a conscience vote.

When, if ever, should the state take the life of one of its citizens?

Each of us is being asked make a judgment.

This afternoon, and in the weeks to come, we will consider morality, theology, deterrence, race, DNA, victims, and general funds.

For myself, this is also a pragmatic vote.

We spend an inordinate amount of time and effort legislating and litigating the death penalty.  The public would be better served if we expended the same effort on issues that have a greater impact on public safety – where people live, work, and play.

With capital punishment expunged from our Code, we can turn our attention to more pressing criminal justice issues.

Life without the possibility of parole is the appropriate sanction for those who commit heinous murders.

The time has come to end state-sanctioned executions in Maryland.

I urge a favorable report.

 

Before I spoke, Governor O’Malley testified as to the countries where the majority of executions take place today – Iran, Iraq, North Korea, Saudi Arabia, the People’s Republic of China, Yemen, and the United States.

I turned to Ben Jealous, President of the NAACP,  “Apartheid South Africa used to be on the list.”

When I testified, I related that story.

January 15 – Broken from birth

“The death penalty was broken from birth,” declared Benjamin Jealous, president of the NAACP.

He spoke at the press conference where Governor O’Malley announced that he would sponsor the bill repealing capital punishment.

The Governor’s action is a big deal.  He brings the power and resources of his office to our effort.  So has Ben Jealous.

Nonetheless, I still felt uncomfortable when several people congratulated me.

“That’s appropriate for the bill signing,” I responded.

When I spoke, I congratulated “our two leaders, Governor O’Malley and Ben Jealous, for their moral courage and political leadership.”

“Weather permitting, this event was supposed to be held outside, next to the Thurgood Marshall statue,” I said.

“That statue honors Marshall for bringing the lawsuit that integrated the University of Maryland Law School.  As a young lawyer, Marshall also handled death penalty cases.

“Eighty years ago, he knew that the death penalty was broken at birth.  Over the next eighty days, we will remove this blight from our laws.”

 

A different set of numbers on the death penalty

“The death penalty seems to be for Negroes alone,” Thurgood Marshall wrote to Roy Wilkins in the national office of the National Association for the Advancement of Colored People (NAACP), in a letter dated June 7, 1935.  As a young attorney in Baltimore, Marshall was defense counsel in several capital cases.

There were 16 executions in Maryland between 1930 and 1939 – 12 for murder and 4 for rape. All but two of the men executed were black.

Yesterday, Ben Jealous, the President and CEO of the NAACP, discussed repeal of the death penalty with Governor Martin O’Malley.

From press reports, their conversation centered on a different set of numbers – 24 in the Senate and 71 in the House.  Those are the minimum number of votes needed to pass a bill.

Our head count gives us the necessary votes to repeal the death penalty.  Now it’s time to verify.

The Marshall letter and 1930’s statistics are in Professor Larry Gibson’s Young Thurgood, a fascinating account of the future Justice’s early life and legal career in Baltimore.  I’m only a few chapters away from Marshall’s lawsuit that integrated the University of Maryland School of Law.  Some thirty years ago, I met the plaintiff in that case, Donald Gaines Murray. 

 

January 10 – None of us is safe

        “None of us is safe as long as there is a death penalty,” declared Ben Jealous, President of the NAACP, at our death penalty repeal press conference. 

          (Kirk Bloodsworth had made that very clear to me at breakfast.  An honorably discharged Marine with no criminal record, Kirk was sitting on Maryland’s death row for a murder he did not commit until DNA evidence freed him. )

           “We have a very simple request,” I said to the reporters and advocates.  “Give us a vote on repeal in both houses of the legislature.  A majority of senators and delegates want to end the death penalty.” 

             I ran into an NAACP official later in the day.  Ben Jealous will be returning to Annapolis to lobby for repeal.

             That’s more important than an eloquent statement at a press conference.

              Read the Baltimore Sun’s account of the press conference.

 

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