Attorney General Candidates Spar
Over Death Penalty
By Megha Rajagopalan
Capital News Service
Thursday, Sept. 21, 2006
BROOKLANDVILLE, Md. -- Facing off for the first time in a debate,
both candidates for Maryland attorney general voiced support for
the death penalty while attacking each other's enthusiasm for
carrying it out.
In a candidate forum sponsored by the Baltimore Jewish
Council Wednesday evening, Scott L. Rolle, the Republican
nominee, criticized his Democratic opponent, Douglas F. Gansler, because Gansler has never filed for the death penalty
in his eight years as Montgomery County state's attorney.
Rolle, who has been the Frederick County state's attorney
since 1994, has asked for the death penalty three times, but all
three offenders were given life without parole.
Gansler said he had not asked for capital punishment because
in the only death penalty-eligible cases he had, the defendant
agreed to plead guilty and receive life without parole to avoid
putting the victim's family through a lengthy trial.
"Deciding to seek the death penalty is a weighty decision,"
Gansler told about 50 audience members at suburban Baltimore's
Park School. "I'm not sure it's something most people would go
around bragging about."
But Rolle said in an interview after the debate that he feels
voters "need to look very closely at someone who says they
support [the death penalty,] but has never put those words into
action."
Gansler said at the debate he supports capital punishment in
"the most heinous of crimes. People who commit those crimes have
forfeited their right to walk on this planet."
Since Maryland reinstituted the death penalty in 1976, five
people have been executed. Under Maryland law, first-degree
murder is a capital crime.
At the debate, Rolle reminded the audience of Gansler's most
controversial decision involving capital punishment: his
decision not to seek the death penalty against John Allen
Muhammad, the so-called Beltway sniper.
With an accomplice, Muhammad was accused of killing 10 people
in Maryland and Virginia, including six people in Montgomery
County, in 2002.
Muhammad was tried first in Virginia, where he was found
guilty of capital murder and sentenced to death. He was
extradited to Maryland and convicted of six counts of
first-degree murder in a Montgomery County court this year.
Gansler said under Maryland law, the defendant must have
killed multiple times in the "same incident" to receive the
death penalty. Because Muhammad's victims were killed at
different times, he is not death penalty eligible.
The candidates agreed that the law has a loophole that
should be closed.
Gansler also argued there was no point in trying for the
death penalty in the sniper case because the defendant had
already been sentenced to death in Virginia. Death penalty
trials are more expensive because they require expert witnesses
who have to be paid by the hour, he said.
Rolle said in an interview he would have left the sniper case
up to Virginia prosecutors, and it was pointless to bring the
trial to Maryland. Gansler said he tried the case in Maryland
because the families of six victims in Montgomery County had not
yet had their day in court.
"He murdered six people in our jurisdiction," Gansler said.
"It is my job as head prosecutor to try people in the places the
crimes were committed."
The two argued over how much it cost to conduct the two-week
trial in Maryland.
Gansler said the whole trial cost only $2,000 because the
prosecutors, sheriffs and judge were on salary. Muhammad
represented himself.
Rolle said he agreed with the Montgomery County sheriff, who
pegged the cost at $750,000. Gansler called that number
"made-up."
"There is no way you could run a more fiscally frugal
office than we do in Montgomery County," Gansler said in a later
interview.
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