Lawyers working for state Attorney General J. Joseph Curran Jr. rushed legal papers to a federal appeals court in Virginia yesterday, urging the panel to reverse the decision of U.S. District Judge Peter J. Messitte to stay Oken’s execution.
They were arguing for an outcome that would violate a deeply held belief of their boss.
Curran has publicly renounced the death penalty, even as he is sworn to uphold its implementation. Yesterday’s flurry of activity inside the attorney general’s office highlighted the potential for conflict created by Curran’s personal views and the professional responsibilities of the office he oversees.
“He is on the hot seat because he is an opponent of the death penalty, and everybody knows that,” said Richard J. Dowling, a lobbyist for the Maryland Catholic Conference, which opposes executions. “It requires an artful tightrope for someone who believes as he does and who at the same time upholds the public trust.”
A devout Catholic who has overseen the three executions since Maryland’s death penalty was reinstated in 1978, Curran has opposed capital punishment for decades. But he carved a more visible position early in 2003, when he publicly called for the abolition of state-sanctioned killing.
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“Capital punishment comes only at the intolerable risk of killing an innocent person,” Curran said at the time, adding that he would actively push for laws eliminating the penalty in light of evidence of racial and regional disparities in its implementation.
His statement and subsequent testimony in favor of anti-death penalty legislation drew rebukes from those who questioned whether Curran, a Democrat, could fulfill his public obligations despite his personal beliefs.
Critics repeated those concerns yesterday, as Curran’s office was scrambling to file motions to convince the U.S. Court of Appeals in Richmond to remove the execution stay imposed by Messitte and allow Oken to die by Friday, when a death warrant is to expire.
“I just hope that the attorney general hasn’t put us in a compromising position with regard to a vigorous defense,” said Del. Anthony J. O’Donnell, the House Republican whip from Southern Maryland. “It was poor judgment on the part of the attorney general to make such a public pronouncement on such a controversial issue.”
Curran was traveling to California for a national conference yesterday and did not respond to a request for a telephone interview. Other lawyers in the office said Curran had no direct communication with them yesterday as motions were being prepared.
“He always takes seriously the oath and the responsibilities of the office, despite his personal views,” said Donna Hill Staton, Curran’s top deputy. “That’s something he’s made very clear.”
Few political observers question the integrity of Curran, 72, the former lieutenant governor, state senator and delegate who is in his fifth term as attorney general.
“He is sworn to uphold the Constitution, and he has shown he is able to do that,” said Montgomery County State’s Attorney Douglas F. Gansler, a Democrat who is considering a run for attorney general in 2006. “At first blush, you might say there is the appearance of a conflict, but there really isn’t.”
Death-penalty cases weigh heavily on Curran, as they do all attorneys in the office, said Carmen M. Shepard, a former deputy attorney general.
“I can tell you from personal experience that it is far more harrowing and draining than I had ever imagined,” said Shepard, who left the office for private practice in 2002.
While Curran is careful at drawing a line between his personal beliefs and his professional duties, he has also articulated why he has spoken out, she said.
“At the end of the day, he has said, you are accountable for your positions, and you have to do something about it,” Shepard said. For Curran, she said, “the place to do that is the legislature,” by testifying on bills and advocating for law changes.
Sen. Nancy Jacobs, a Harford County Republican and death-penalty supporter, said families of crime victims may not feel comfortable with Curran’s views.
“I like people who vigorously want to uphold the law and don’t have a known bias going into something,” Jacobs said. “And it is obvious that the man has a known bias on this subject.”
But Jacobs said she spoke yesterday with members of Oken victim Dawn Marie Garvin’s family who said they were pleased with how the criminal appeals division of Curran’s office was handling the case.
<!– ART CREDITASSOCIATED PRESS 2002
ART CREDIT–> <!– CUTLINE TEXTAttorney General J. Joseph Cur ran Jr., a vocal opponent of capi tal punishment, has overseen the state's last three executions.
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