Death penalty opponents lobby Trenton for repeal
By JOHN P. McALPIN
TRENTON BUREAU
These people weren't pros.
Unlike the career lobbyists who roam the State House, these common citizens packed hallways, crowded elevators and crammed into committee rooms in search of elected lawmakers.
Many didn't even know what bill number they were supposed to be supporting. Some of these one-day lobbyists had to stop and ask, "Are you a senator?"
But unlike the paid bill-wranglers, these men and women who came to Trenton on Thursday had a personal mission - shut down death row forever in New Jersey.
"Personal witness is always better than calling, writing letters or sending e-mails," said Sister Jean Amore of Paterson. "When you can tell somebody your story, that makes it a real opportunity to change someone's mind."
Thursday's citizen activists featured a father whose daughter was murdered, a man who spent 18 years in prison until DNA evidence freed him, and a nun whose life story became an acclaimed movie.
Sister Helen Prejean, the nationally known activist who detailed her death row ministry in the book "Dead Man Walking" - the movie was released in 1995, with Susan Sarandon portraying Dejean in an Oscar-winning turn - was the headline attraction. As she walked the halls, Prejean introduced herself to lawmakers, forcing them into impromptu meetings with her as they headed to committee hearings. She offered copies of her latest book and pressed them for support.
Sen. John Adler found himself face to face with Prejean as he tried to work his way to a hearing.
N.J. and the death penalty:
"Soon, sister, soon," Adler said, "we'll get this done."
Death penalty opponents are gathering political support unprecedented since the Legislature legalized executions in 1982. Many lawmakers now support halting executions while the state studies the system that has not sent anyone to die despite 23 years of legal review.
Some legislators are even saying the law should be repealed and that New Jersey's ultimate penalty be life in prison with no chance for parole.
Acting Governor Codey, meanwhile, "has said publicly that he is open to a moratorium while the application of the death penalty in New Jersey is studied. However, he does not support an outright repeal at this time," spokeswoman Kelley Heck said.
Death penalty opponents will have an ally in the next governor as well. Governor-elect Jon Corzine opposes the death penalty and is reviewing the moratorium issue, spokeswoman Ivette Mendez said.
Even the state Supreme Court might be willing to reconsider the issue.
In 2002, Associate Justice Virginia Long suggested in a strongly worded dissenting opinion that public attitudes about the death penalty have changed so much since the death penalty law was written that the Legislature might consider it time to review the law itself.
But not all lawmakers are willing to consider an end to death sentences, even after a visit from Sister Helen. These legislators say the state needs an ultimate penalty for society's most brutal crimes.
"She's an extremely sincere person and has deeply held beliefs that we should not be putting people on death row," said Sen. Gerald Cardinale, R-Demarest. "I have no argument holding that position. [But] I don't think that's the right thing to do with the perspective of crime. I think we are extremely lenient with crime in this country."
Death penalty opponents, however, say there is a growing grass-roots support for change in New Jersey.
"The groundwork here is good," Prejean said. "I think that politicians are learning that you don't get any leverage out of supporting the death penalty."
They have made their case throughout the state, pressing the issue on several levels, she said.
"What's been going on in New Jersey is education, education, education," Prejean said.
Prejean dismissed critics who say New Jersey should leave well enough alone as the state has not executed anyone since 1963.
"Anyone who says that has no comprehension of what it means to take a conscious human being and let him sit on death row for 17 years," she said.
For now, New Jersey can't execute anyone because of a state appeals court ruling last year. Judges sided with death penalty opponents and ordered corrections officials to rewrite execution regulations. The court said doctors should be on hand in the event a sentence is overturned on appeal after a lethal injection is administered.
Death penalty opponents fear that once the regulations are rewritten, one of the 14 inmates on death row will be executed. Several have exhausted state and federal appeals.
"The majority of the people now are rethinking the death penalty as far as whether it's a deterrent and also whether it's fair and just. More people are concerned now that they may make a mistake and execute an innocent person," said Sen. Shirley Turner, D-Mercer, who sponsored the moratorium bill.
Those in favor of the moratorium also point to a recent study that said that by scrapping the death penalty, the state could save nearly $250 million by eliminating the lengthy appeals process.
"Look what we could do with all that money that we would save. We could do a lot with fighting those elements that contribute to crime," Turner said.
In six years, the group New Jerseyans for a Death Penalty Moratorium has grown to 10,000 members and hired a paid staff of five to work on the effort, said the group's executive director, Celeste Fitzgerald. Three of the five staff members have had family members murdered, she said.
"People come to the issue for many different reasons." she said. "Nearly all are driven by the fact that there are innocent people on death row. Others are simply against it because the process is so terribly harsh for the families of victims."
Eddie Hicks agrees. Five years ago, his daughter Jamilla, 26, was murdered after she tried to break up a fight between her brother and another man. That man killed her, Hicks said. The defendant was not sentenced to death, but prosecutors considered it, he said.
"To have the state kill somebody and then say that killing is wrong doesn't make sense," said Hicks, of Atlantic County. "Violence isn't the solution to any problem."
Larry Peterson isn't on death row, but he was telling lawmakers his story Thursday. Eighteen years ago, a jury decided against the death penalty for Peterson and sentenced him to life in prison for killing a Burlington County woman.
In July, Peterson became the first person in New Jersey to have his conviction overturned by DNA evidence.
"It's just a privilege to be here," Peterson said. "I'm just grateful, blessed to be able to be here."
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