The death penalty debate continues in Annapolis.

Governor Martin O'Malley is trying repeal capital punishment in Maryland. Frederick County State's Attorney Charlie Smith hopes that does not happen.

"It's something that is chosen on a very limited basis and I think it is something that we need on the books. Actually, there was legislation that passed back in 2009, I believe, that limited the death penalty to cases where we have to have DNA evidence or we have to have video tape evidence or video tape confession linking the defendant to the homicide and I believe it should be on the books," Smith said.

Smith has handled three death penalty cases.

"For me it is not about a financial decision. It's not about putting them in prison for the rest of their life and having to pay for it. For me, it is something where the wrong they have committed, that is what they deserve. They deserve to be put to death," Smith said.

The NAACP is joining O'Malley in his efforts to repeal the death penalty.

Senate president Mike Miller, who supports capital punishment, believes a measure banning capital punishment would pass in this legislative session but would be petitioned to the ballot for voters to decide in 2014.

The death penalty debate comes at a time when Maryland has not executed a prisoner since 2005, when Robert Ehrlich was Governor. There are currently five people on death row in the state.