Steve Sachs, A Consummate Lawyer and a Very Good Friend

With Steve’s passing today, some stories where our paths crossed.

He argued a case before the Maryland Court of Appeals seeking to establish a civil Gideon – a right to counsel in civil cases comparable to that right in criminal cases.

After the oral argument, a reporter asked Steve’s client for her thoughts.  “Mr. Sachs speaks for me,” she replied.

When the General Assembly enacted an access to counsel bill in landlord-tenant cases last year, I told Steve that “Mr. Sachs still speaks for his clients.”

The very last step in the repeal of the death penalty was for Governor O’Malley to reduce the sentences of the five men on death row to life without the possibility of parole.

We asked the office of Attorney General Doug Gansler if the bill had given the Governor this authority.

Who better to make that legal argument to AG Gansler than former AG Sachs.

We met in Steve’s home to prepare him for his meeting.

That morning, I said it was the law firm of Sachs, Millemann & Rosenberg.

Steve was persuasive.

The AG agreed with our legal analysis, and the Governor commuted the sentences.

I will think of Steve often in the coming months –

At the July 4th parade in Roland Park where I am honored to read the Declaration of Independence and Steve would refer to me as Thomas Jefferson.

At an Orioles game, where no one will know the roster of the 1944 Orioles, the minor league champions, as Steve did.

A Profound Sequence

The death with dignity bill passed the House of Delegates today, 74-66.

I was prepared to speak, but my voice was not needed.

From the notes I made during the debate and the speech I gave in my mind, I would have said:

“This is a tough vote.

It is also a profound vote.

Nonetheless, the vote each of us casts today pales in comparison to the choices that people make at the end of their life.

This legislation is the product of five years of public debate.

It will not force anyone to end their life.

It will protect an individual’s ability to reach an outcome he or she chooses.”

My use of the word “profound” has great significance for me.

I speak of my work to repeal the death penalty as the most profound thing I will ever do.

I rarely use the word in any other context.

The first call I made after today’s vote was to Steve Sachs, a former Attorney General of Maryland.

Steve testified for this bill several years ago.

The bill is named for Richard Israel, an Assistant Attorney General whom Steve knew well.
I worked with Steve on death penalty repeal.

When I got back to my office from the floor vote, there was a message from Kirk Bloodsworth.

Kirk was on Maryland’s Death Row, but DNA evidence freed him.

I worked with Kirk on death penalty repeal as well.

For me, that is a profound sequence of events.

The most profound thing I will ever do

Governor O’Malley announced today that he will commute the sentences of the four men on Death Row to life without the possibility of parole.

I was honored to be asked to be a lead sponsor of the legislation that repealed the death penalty.

After eight years of work, we have now accomplished our goal.

I want to share with you my letter to the Governor last week and his statement today.

 

Dear Governor O’Malley:

No one is going to be put to death by the State of Maryland.

Together we repealed the death penalty. For me, it was the most profound thing I will ever do.  I am sure your sentiments are similar.

An attempt to petition the law to referendum did not obtain the necessary signatures.

Governor-elect Hogan has stated that he will not introduce legislation to restore capital punishment.

The repeal statute authorizes you to “change a sentence of death into a sentence of life without the possibility of parole.”

No one on Death Row is going to be set free.

I urge you to act with the same purpose that motivated your leadership in ending capital punishment.

Commute the sentences of the four men still on Death Row to life without the possibility of parole.

 

Yours truly,

 

Samuel I. Rosenberg

 

The Governor’s statement is at http://governor.maryland.gov/blog/governor-omalley-issues-statement-on-the-four-remaining-inmates-sentenced-to-death-in-Maryland/

No amendments. No negative votes. No debate.

             When you have your case won, sit down and shut up.

My first bill is coming to the House floor next week.

The day after it was heard in the Judiciary Committee, we gave a unanimous favorable report to my legislation creating programs for survivors of homicide victims.

No amendments.  No negative votes.

“This time it didn’t take seven years,” as it did to repeal the death penalty, I wrote one of the leaders of that effort.

Should we count our votes on the House floor?  Should we prep a Republican member to speak on behalf of the bill?

No.

I take very few things for granted.

In this instance, however, you don’t draw attention to a bill that’s going to pass.

“It’s never over.”

“I couldn’t afford to lose my son too.”

“It’s never over.”

“Invest in us.  It will help a lot of people.”

The three witnesses were testifying for my bill creating programs for survivors of homicide victims.

Maryland would be the first state to do this after repealing the death penalty.

Governor O’Malley put $500,000 for this purpose in his budget, fulfilling a commitment he made last year.

Today’s testimony brought back the emotions I felt during the repeal debate.

Only one task remains: persuading the Governor to commute the sentences for the men still on death row to life without the possibility of parole.

We’re a better state

I had given the speech in my head countless times.

This is what I said during yesterday’s floor debate on the death penalty.

Earlier today, each of us passed the Thurgood Marshall statue on our way into the State House.

In addition to Marshall, there is a statue of Donald Gaines Murray.

He attended the segregated Douglass High School and went out of state for college.

He wanted to attend his home state’s law school, which had denied Marshall admission.

Marshall sued the school and won admission for Murray.

But Murray was not his only client.

He also represented James Gross, accused of the murder of a gas station owner in Prince George’s County.

Gross was sentenced to death by hanging.  Marshall asked the Governor to commute the sentence, but he did not.

Marshall brought his experience with capital punishment to the Supreme Court.

As a Justice, he wrote, “The American people, fully informed as to the purposes of the death penalty and its liabilities, would in my view reject it as morally unacceptable.”

The people of Maryland are now fully informed about the death penalty and its flaws.  And so are we as their elected representatives.

Afterwards, a reporter asked for my reaction.

“We’re a better state for ending the death penalty,” I said.

It was spontaneous, and it is true.

 

The deed is done

After two hours of debate and the rejection of 18 amendments on the House floor last night, the votes are there.

“This bill and this amendment, as well as those that will follow, pose a very straight forward question: Should we end the death penalty in Maryland?” I declared when speaking against the first amendment.

It would have retained the death penalty for someone who committed murder in the first degree while already serving a death sentence or life imprisonment.

It failed, 61-77.

In response to the next three or four amendments, I said, “We cannot single out one type of murder and say it is so horrible that committing this act merits execution.  The flaws in this system do not go away.”

The results were the same.

I did not need to speak in opposition to the remaining amendments.  My point had been made.

Before Friday’s final vote, there will be rhetoric, mine included.  After that, the bill could be petitioned to referendum.

For now, the deed is done.

Partial repeal

The death penalty repeal bill was the only legislation on the Judiciary Committee voting list.

The first amendment that was offered would have maintained capital punishment for contract murder.

What I said in response applied equally to the nine that followed.

“The question before us is whether we should end the death penalty.   You can’t have a partial repeal.

The flaws in this process – innocence, race, time, and money – don’t go away if you allow for executions in this one circumstance or any other.”

All of the amendments were defeated.  The favorable report passed, 14-8.

 

Crucial support

“I think the governor has worked this bill [to repeal the death penalty] very hard prior to session and early in session and secured the votes he needs to make sure it’s passed,” Senator Joseph Getty said after the legislation passed the Senate.

There are such bills, where numerous trades must be made to secure passage.  The gas tax will be one.

Death penalty repeal is not.

The Governor’s support has been crucial to getting us where we are today.

So has that of Ben Jealous of the NAACP, numerous religious leaders, and grass roots organizers and advocates.

Most importantly, my colleagues have concluded that our death penalty system cannot be fixed.

Our constituents agree.

I have participated in countless voting sessions over my career.

Tomorrow, when we give a favorable report to the death penalty repeal bill, we will make history.

Listen carefully

Why do we need this bill?

Every bill sponsor must answer that question satisfactorily.

Twice today, I had conversations about possible compromises on bills that were opposed last year by a government agency in one instance and an industry group in the other.

In both instances, they now prefer to help write the law, instead of responding to an unfavorable court decision.

—-

After the death penalty repeal bill passed the Senate this morning, someone asked me how I would prep for the floor debate in the House.

“I’ve been prepping for the death penalty debate for the last 30 years.”

Know the case for your bill and listen carefully to the other side’s arguments so that you can effectively respond.

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