May 22, 2008 - 4:25pm
News

O’Malley issues statement on the death penalty

Gov. Martin O'Malley: Getty Images PhotoGov. Martin O'Malley: Getty Images PhotoGov. Martin O'Malley (D) said in a statement today that he has "directed the Secretary of Public Safety and Correctional Services to begin the rule-making process governing the administration of capital punishment in the state of Maryland."

Coming one-month after the U.S. Supreme Court ruled that the administration of capital punishment by the use of lethal injection did not constitute cruel and unusual punishment under the Eighth Amendment of the Constitution, O'Malley said that case "resolves challenges to the constitutionality of using lethal injection as a method of capital punishment, the method specified by Maryland law."

In March, during the legislative session, House Republicans, led by Minority Leader Anthony J. O'Donnell, called on O'Malley to issue new death penalty regulations, claiming his refusal to do so was in violation of state law.

At the time, the governor's press office said he would wait for the Supreme Court ruling before making any decisions.

"The Court of Appeals of Maryland has held that protocols for administration of lethal injection must be promulgated by regulations issued by the Department of Public Safety and Correctional Services and reviewed by the General Assembly through its (Administrative, Executive, and Legislative Review) Committee," O'Malley said today.

"The court has directed that a full rule-making process occur and specified the type of issues that must be considered and the process that must be followed," he added.

A vehement opponent of the death penalty, O'Malley declared, "We are a free people who choose to govern ourselves by laws enacted by duly elected members of representative institutions. I remain firmly convinced that the death penalty is a costly and ineffective deterrent to violent crime. I also remain convinced that its continued use is inconsistent with the deepest founding principles of our nation and the highest aspirations of our people. But until such time as this law can be repealed I must discharge the duties of this office under the law as it exists, not as I wish it would be."

KEVIN AGNESE can be reached via email at kevin.agnese@politickermd.com.

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