Report from Maryland

"O'Malley signs law restricting death penalty," is Michael Drost's report in today's Washington Times.

Maryland Gov. Martin O'Malley signed legislation Thursday that would give Maryland the most restrictive death penalty laws of the 35 states that allow capital punishment.

But with court-ordered regulations that would govern the use of lethal injections still unwritten, a de facto moratorium on executions remains in place in the state for the foreseeable future.

"There is no death penalty now in Maryland, and there will continue to be no death penalty in the state of Maryland, regardless of what our laws say," said Delegate Michael D. Smigiel Sr., Cecil County Republican.

Repealing the death penalty has been a legislative priority for Mr. O'Malley, a Democrat, since he was elected in 2006. He lobbied heavily for repeal during the recently concluded legislative session.

The governor's hope of passing a repeal bill was dashed last month when the General Assembly passed a compromise bill that limited the evidence that can be used in death penalty cases.

The new legislation, which Mr. O'Malley signed Thursday, allows prosecutors to seek the death penalty only for cases in which they have DNA evidence, videotaped evidence or a voluntary videotaped confession.

Mr. O'Malley said the new restrictions will "help us prevent the possibility of ever putting an innocent person to death."

State officials have been barred from carrying out executions since the Maryland Court of Appeals in 2006 ruled that Maryland's lethal injection protocols were not properly adopted and ordered Mr. O'Malley to revise the regulations.

Five inmates are on Maryland's death row.

Today's Baltimore Sun has, "O'Malley signs contentious new laws," by Laura Smitherman.

O'Malley, a Democrat, called the death penalty statute "one of the most narrowly crafted" in the nation that will "help us prevent the possibility of ever putting an innocent person to death." And he promoted the environmental legislation, which includes a requirement that thousands of homes install nitrogen-removing septic systems to keep the pollutant out of rivers and the Chesapeake Bay.

Senate President Thomas V. Mike Miller, recalling the last-minute scramble to get the votes for the driver's license bill, said "nobody was really happy with it" and called it "a very tough compromise." But, he said, it was necessary to ensure that Marylanders will be able to use their licenses to enter federal buildings and board airplanes.

Miller also predicted that the death penalty debate would continue next year to clarify the law that passed. Under the bill, prosecutors can seek the death penalty only when they have DNA or biological evidence, a videotape of the crime or a video-recorded confession by the killer. Some lawmakers want to ensure fingerprints would qualify as acceptable evidence and that the new law does not apply to existing cases.

John Wagner writes, "New Laws Include Restraints On Driving, Death Penalty," for the Washington Post.

At the beginning of the 90-day session, O'Malley sought a repeal of the state's death penalty. The bill he signed yesterday falls short of that, but under the new law, DNA or other biological evidence, a videotaped confession or videotaped evidence linking a defendant to a murder will be required to impose a death sentence.

O'Malley said the new restrictions will "help us prevent the possibility of ever putting an innocent person to death."

Earlier coverage from Maryland is here.