http://www.cnsnews.com/ViewNation.asp?Page=/Nation/archive/200705/NAT2007051
0e.html
NJ Senators Push to Repeal Death Penalty Even in Cases of Terrorism
By Jeff McKay
CNSNews.com Correspondent
May 10, 2007

Trenton, New Jersey (CNSNews.com) - Just days after New Jersey authorities
announced the arrest of six men suspected of plotting a terror attack
against a military base in the state, two state Democratic lawmakers are
pushing a bill to abolish the state's death penalty - even in the most
serious cases of terrorism, murder and rape.

A state Senate panel was meeting Thursday to debate replacing the state's
death penalty with life imprisonment without the possibility of parole.

"Terrorists want to be martyrs. Let's not give them another reason to commit
heinous acts by singling them out for the death penalty," said state Sen.
Ray Lesniak, introducing legislation, which the Union County Democrat said
"will ensure that the system of justice administered by our state is
effective, consistent and just."

If passed, the measure would "allow for life imprisonment without
eligibility for parole and to eliminate the death penalty."

"The frequency of murders makes it obvious that the death penalty simply
doesn't work as a deterrent," said state Sen. Shirley Turner, whose district
includes Trenton, the state capital which has had serious problems with gang
violence and murders in recent years.

"The risks of executing innocent people and the costs of maintaining the
necessary support systems for capital punishment far outweigh any benefits
it brings to our society," Turner said in a statement.

Democrats hold a majority control of both houses of the New Jersey
legislature, and the death penalty debate seems to be falling along party
lines.

"I plan to offer amendments to the legislation that would retain the death
penalty in cases of terrorism, murders of law enforcement officers, and
murders committed during sex crimes," said Republican state Sen. Joe
Kyrillos.

"Tuesday's foiling of a terrorist cell where six men were arrested on
charges they plotted to attack the Fort Dix Army base and 'kill as many
soldiers as possible' is a chilling reminder that we live in dangerous
times," he said in a statement. 

"A bill to end the death penalty in New Jersey would have the effect of
letting terrorists live in prison while the people they kill remain dead,"
Kyrillos added.

"Now that we have confirmation that terrorists are actively operating in New
Jersey we must retain the option of the ultimate punishment for those who
conspire to commit mass murder as well as cop killers and child sex fiends,"
said another Republican senator, Gerald Cardinale.

In the State Assembly, Republican Michael Doherty, an Army veteran, voiced
outrage at the timing of the proposed death penalty repeal.

"Make no mistake about it, we are living in perilous times when terrorist
threats such as these will continue to increase around our nation and right
here in our own backyard," he said. "It would be outrageously irresponsible
for this legislature to even consider repealing the state's death penalty at
this time."

In June 2002, in response to the 9/11 attacks, the New Jersey legislature
passed an antiterrorism law stating that terrorism must be considered an
aggravating factor when a jury in a murder case determines whether the death
penalty should be imposed. More than 600 residents of the state died on
9/11.

That statute would be voided if the state's death penalty is repealed.

According to a 133-page report
<http://www.njleg.state.nj.us/committees/dpsc_final.pdf>  by a commission
investigating capital punishment in the state, "there is no compelling
evidence that the New Jersey death penalty rationally serves a legitimate
penological intent."

"There is increasing evidence that the death penalty is inconsistent with
evolving standards of decency," concluded the report, set up by then acting
governor, Richard Codey.

Democratic leaders in the state legislature and Governor Jon Corzine are
backing the death penalty repeal.

During the Senate hearings in Trenton on Thursday, Marilyn Flax voiced
outrage at the stance of supporters of the repeal. John Martini, who
murdered Flax's husband in 1989, is sitting on New Jersey's death row.

"He killed at least five others before he took my husband's life," she said
of Martini. "I've listened to the debate on the cost factor. How dare you
put a dollar amount on justice?"

Martini kidnapped and then shot dead Irving Flax. When apprehended, he
boasted about killing others, although he was only found guilty in the Flax
murder. 

"The death penalty kills guilty murderers. If the death penalty is broken
fix it, don't get rid of it," said an angry Sharon Hazard-Johnson, whose
parents were killed by death row inmate Brian Wakefield.

"When a vicious person willfully kills someone, execute them," she told the
panel. "Don't continue to put people like us through this."

On Monday this week, the New Jersey State Supreme Court upheld the death
penalty in the case of Wakefield, who was found guilty of beating, stabbing,
and setting on fire the elderly retired couple while robbing their home in
2001.

Statistics from 2005 show Newark, Camden, and Trenton were rated as three of
the 14 cities in the nation with the highest murder rates per 100,000
residents.

Despite having 455 "death-eligible" defendants since the death penalty was
enacted in 1982, New Jersey has not executed anyone since 1963.


 



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