Bill would put death penalty on hold in NJ

The Trenton Times December 14, 2005

With the nation engaged in debate over this week's execution of a California inmate, New Jersey is inching closer to becoming the 3rd state to declare a moratorium on its death penalty.

The state Senate is scheduled to vote on the suspension tomorrow, and a key Assembly leader hopes the lower house will quickly follow suit.

The move would cap a years-long effort by death penalty foes, who contend capital punishment is imperfect and life in prison without parole is a viable alternative.

The Senate vote comes 2 days after Stanley "Tookie" Williams, the 51-year-old founder of the Crips gang, was executed at San Quentin Prison - even as he continued to profess his innocence - for the murders of 4 people in 2 1979 holdups.

"We know so much more today than we did when the death penalty was reinstated (in New Jersey) in 1982, including about how often the system makes mistakes," said Celeste Fitzgerald, director of New Jerseyans for Alternatives to the Death Penalty.

New Jersey hasn't executed anyone since 1963, even though the death penalty was reinstated. The state has 10 men on death row.

The bill the Senate will consider would create a death penalty study commission to scrutinize the state's death penalty law, particularly whether it is applied fairly, its costs, whether it is a deterrent to crime and if it should be abolished. The commission would complete its work by Nov. 15, 2006.

In the meantime, a moratorium would be imposed on all state executions until at least 60 days after the commission finishes its work.

In November, the New Jersey Policy Perspective group said the state has spent $253 million in the last 23 years on a death penalty that hasn't been used, money that it said could have been better spent in other areas.

And earlier this month, Sister Helen Prejean of "Dead Man Walking" fame, visited the State House with Fitzgerald's group and lobbied lawmakers to eliminate the death penalty permanently.

The moratorium bill has taken a long road. It passed both houses in 2003, only to be vetoed by then-Gov. James E. McGreevey.

But Kelley Heck, spokesman for state Senate president and acting Gov. Richard J. Codey, said Codey would sign the bill set to be voted on tomorrow.

"In that sense, he will sign a moratorium," Heck said.

For it to reach Codey, the Assembly would have to approve the measure by the Legislature's Jan. 10 reorganization or the bill would expire.

Assembly Majority Leader Joseph J. Roberts Jr., D-Camden, said yesterday he couldn't be "presumptuous" and talk for Assembly Speaker Albio Sires, D-West New York, but said the Assembly could take action.

"There's growing support for the life-without-parole alternative," said Roberts, who will become Assembly speaker Jan. 10.

Roberts said a study commission and moratorium was a 1st step toward that option.

"I would be hopeful if it passes the Senate on Thursday that we'll deal with it on Jan. 9," Roberts said.

That would allow Codey to sign the bill into law before he leaves office as acting governor. But if the Assembly doesn't act by Jan. 9, Roberts said he isn't too concerned.

No execution is imminent.

While it is not an official moratorium, the state, under a February 2004 appeals court ruling, cannot carry out the death penalty until it revises procedures on how the penalty would be imposed.

Gov.-elect Jon Corzine is a death penalty opponent.

And the Legislature will continue to be controlled by Democrats after it reorganizes.

"I don't see the lame duck (session) as time imperative," Roberts said. "I'm not persuaded by people who want to wrap up every issue just because we're near the end of the term."

He said a death penalty moratorium, along with other issues, easily can be reconsidered by the new Legislature after Jan. 10.

Fitzgerald said death penalty foes remain hopeful.

"It's not surprising that the Senate has decided to examine this issue more closely, and common sense supports halting executions while the study is being carried out," she said.

"The evidence has demonstrated time and time again that the system is broken and should be replaced with life without parole, which has proven to be fairer, stronger and more certain punishment."

Maryland and Illinois have instituted death penalty moratoriums to study the issue.

Since 1973, 107 people have been released from death row thanks to strong evidence of their innocence, according to the American Bar Association.

But the moratorium proposal won't have complete support.

Assemblyman Michael P. Carroll, R-Morris Township, recently said he would oppose a death penalty repeal.

"There are still some offenses where the guilt is clear and there is no other alternative for society to express its disgust and outrage other than this manner," Carroll said. NOTE: Contact State House bureau chief Tom Hester Jr. at thester@njtimes.com or at (609) 777-4464.

Source: The Trenton Times