All 24 of Maryland's state's attorneys may have to testify about how they decide whether to seek the death penalty in capital cases.
The case in question involves an inmate accused of killing a prison guard in 2006 at the now-closed Maryland house of correction at Jessup. As part of Lee Stephens' defense, his attorneys plan to argue that the death penalty is unconstitutional because it's applied differently in different jurisdictions.
To make their case, the attorneys have subpoenaed all of Maryland's top prosecutors, the state's attorneys, to appear in Anne Arundel County Circuit Court next week.
Harford County State's Attorney Joseph Cassilly tells the Baltimore Daily Record newspaper the Maryland Court of Appeals has already determined that geographical disparities in the death penalty's application don't render it unconstitutional. County prosecutors have filed a motion to quash the subpoenas.
Matt McCleskey reports...