TRENTON, N.J. -- Gov. Brendan Byrne says he will veto a death penalty law for the third time in two years if the state Assembly follows the Senate's lead and votes for the measure.
The state Senate voted 25 to 11 Monday night for restoration of capital punishment.
Byrne made his opposition clear several hours before the vote.
'It's a good public relations gimmick when we're facing an increasing crime rate,' the governor said. '(But it) does not get at the mugger, the rapist or a guy, on impulse, who throws you under the subway car.'
As a former Essex County prosecutor and Superior Court judge, Byrne says he probably signed more indictments that led to the death penalty than any other man in New Jersey. But he does not believe capital punishment deters crime.
Under the legislation sponsored by Sen. John Russo, D-Ocean, the death penalty would be enacted only upon the decision of a second jury.
Russo's father was killed during a house robbery in 1970, but he said that was not the reason behind his push for capital punishment. An opponent, Sen. William Hamilton, D-Middlesex, said, 'this bill is the wrong answer to a real problem.'
Russo, who said 35 states have death penalty statutes, said he would try to override Byrne's expected veto if the law is approved by the Assembly. But he was not sure whether he could muster the 27 votes necessary for an override.
Assembly Speaker Christopher Jackman, D-Hudson, refused to predict how the Assembly would vote on the death penalty nor did he know when it would reach the floor.
Russo's measure applies to crimes that are 'knowingly' and 'purposely' committed. It would conform to guidelines set by the U.S. Supreme Court, which struck down capital punishment in 1972.
