Washington Times – States put brakes on capital punishment

Monday, December 10, 2012

For just the second time since 1984, Virginia and Maryland will end the year without executing a single death row inmate — reflecting a national trend of states using capital punishment less often over the past decade.

Maryland has long been reluctant to use its death penalty. Virginia, which ranks only behind Texas in the number of executions over the past 35 years, has put fewer people to death in recent years as many cases are tied up in appeals and as juries become less likely to recommend the punishment in capital murder cases.

Analysts say executions have plummeted nationwide and are banned in some states because of rising concerns over heavy court costs, biased sentencing and, perhaps most prominently, the fear that a state could — or already has — killed an innocent person.

Baltimore Sun Op-ed – Next up: death penalty

Our view: Since taking office, Gov. O’Malley has presided over a long-term moratorium on executions in Maryland; next year he should push to end capital punishment outright

December 02, 2012

Having successfully pushed for historic changes in Maryland laws regarding expanded casino gambling, in-state college tuition rates for some undocumented-immigrant students, and the right of gay people to marry, Gov. Martin O’Malley is now in a position to address one of the last great pieces of unfinished business of his time in Annapolis: abolishing the state’s death penalty.

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AP – Court motion details jailhouse conversation between prosecutors, witness in capital case

By MATTHEW BARAKAT Associated Press
November 30, 2012 – 5:35 pm EST

MANASSAS, Virginia — A key witness who recanted his testimony in a death-penalty case was told by prosecutors that he could face the same punishment himself if he does not go back to his original story, according to defense lawyers.

The allegation about witness Owen Barber is contained in a motion that seeks to dismiss the capital retrial of Justin Wolfe, whose original conviction and death sentence were overturned after a decade on death row on accusations of prosecutorial misconduct.

The motion contains details of a jailhouse discussion in September between prosecutors and Barber, their one-time star witness who avoided the death penalty by testifying against Wolfe in 2001. Initially, Barber, the triggerman in the shooting of rival drug dealer Daniel Petrole, said he was acting on behalf of Wolfe. Barber later recanted, leading a federal judge to overturn the conviction.

In court papers, Wolfe’s defense lawyers describe parts of the jailhouse conversation. They say that Barber maintained that his original testimony implicating Wolfe was false. Prosecutors then tell Barber that the case is back at “square one” and that Barber himself could face death penalty charges if he failed to uphold his original testimony, according to the motion.