Repeal of Md. Death Penalty Still Seems Out of Reach

Others, including Henderson, said that it is important to change the law but that it would be surprising if O'Malley, who has not signaled his intentions, lets executions resume during his tenure.

"It's hard for me to believe he's going to step out there and say, 'Oh, well, let's start killing people again,' " Henderson said.

There has also been a de facto moratorium on the death penalty nationally since late September, when the U.S. Supreme Court agreed to hear a challenge from two Kentucky death row inmates who contend that lethal injection violates the Eighth Amendment's protection against cruel and unusual punishment.

Arguments in that case are scheduled for Jan. 7 -- two days before the Maryland legislature convenes -- with a decision expected by the court's adjournment in June. Lawmakers said they would be surprised to see a decision before the legislature adjourns in mid-April, however.

In part because of the Kentucky case, the number of executions nationally hit a 13-year low in 2007, dropping from 53 a year before to 42, according to the Death Penalty Information Center.

Since the U.S. Supreme Court reinstated capital punishment in 1976, five inmates have been put to death in Maryland, with the most recent execution in December 2005.

In the months ahead, the future of capital punishment in Maryland could rest squarely on a small number of senators on the Judicial Proceedings Committee.

Del. Samuel I. Rosenberg (D-Baltimore), the leading repeal advocate in the House of Delegates, said it is unlikely that his chamber will act on a repeal bill before action in the Senate, given the bill's demise there last session.

Sen. Brian E. Frosh (D-Montgomery), chairman of the Senate panel and a death penalty opponent, said that he is hopeful that minds will change but that he is not aware of any members who plan to change their votes.

Seven Democrats and four Republicans sit on the committee.

Repeal advocates said they are targeting Sen. James Brochin (D-Baltimore County), one of two committee Democrats who did not support repeal last session.

In an interview, however, Brochin said he has no intention of changing his vote. Brochin is considered a maverick and displays little loyalty to either O'Malley or the Senate's Democratic leadership. In the recent special session on the state budget, Brochin joined Republicans in a failed filibuster on a tax bill.

Brochin said death penalty opponents "have lobbied me very, very heavily." But, he said, "I just think there are some people who deserve to be executed. . . . It's really up to Alex Mooney."

Mooney, who was heavily courted by O'Malley aides last session, said that he remains open to compromise on the issue but that repeal advocates do not seem interested in compromising.

Under Maryland law, those guilty of first-degree murder are eligible for execution if prosecutors can prove at least one of 10 aggravating factors, such as killing a law enforcement officer or committing murder while in prison. Last session, Mooney expressed a willingness to reduce the number of aggravating factors and narrow eligibility for the death penalty, an idea that few senators would support.

"The problem is they want all or nothing," Mooney said.