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Click here to visit www.DeathPenaltyNY.com, where you can register your support for fixing the death penalty law in New York State. |
Web Site -- www.DeathPenaltyNY.com -- Created To Register Support For Capital Punishment
Wednesday, March 9, 2005
The New York State Senate today passed legislation (S.2727), sponsored by Senator Dale M. Volker (R-C-I, Depew), that would amend the state's death penalty law to fix a provision that was ruled invalid by the state Court of Appeals.
In addition, the Senate has established a web site, www.DeathPenaltyNY.com, for people to sign an online petition, registering their support for fixing the death penalty law and getting it back on the books.
"The death penalty is a strong deterrent to crime. Since the death penalty was enacted in 1995, the number of murders in New York State and the number of violent crimes have decreased by 40 percent," Senator Bruno said. "We need to enact this bill into law to ensure that a capital punishment law is in place and can be used to protect New Yorkers and prevent dangerous, violent criminals from getting back on the streets.
"The web site we have created will give people an opportunity to register their support and join with police and law enforcement organizations and crime victims and their families who believe that capital punishment is a just deterrent," Senator Bruno said.
"The fact remains that our capital punishment statute is free from racial, religious, ethnic, geographic and all other forms of bias," said Senator Volker. "It is a tool that should be available to prosecutors in deterring criminal behavior and has proven over and over again to save thousands of lives. With all of these extraordinary "Defendant Friendly" protections, our state�s Court of Appeals still felt the need for more protections for the defendant. It was the core reason why their recent decision in finding that a defect exists within the sentencing provision (the so-called "Dead Lock" instruction) given to jurors and why they have placed our Death Penalty statute on hiatus. However, with this technical fix to the state�s death penalty statute that addresses the Court of Appeals concerns, we can now reactivate the law and move forward in protecting our residents from those who kill and kill again."
In addition to signing the online petition, visitors to the web site will also be able to read additional information and statistics on the impact of capital punishment to reduce crime, get more information on the death penalty bill passed by the Senate, watch video of a news conference announcing Senate action on the death penalty and receive updates on the status of the legislation.
"It was public pressure that put the death penalty into law ten years ago and public pressure is needed to fix the law and bring it back now so our families and our communities will continue to be safe." Senator Bruno said. "This web site will give people a place to show their support for a capital punishment law."
The Court of Appeals overturned death penalty sentences, saying that judges were improperly required to instruct jurors in capital cases that if they deadlocked and failed to reach a verdict during the penalty phase of a trial, the judge would impose a sentence that would leave the defendant eligible for parole after 20 to 25 years.
This bill, which was submitted by Governor Pataki, would require that in addition to capital punishment or life in prison without parole, juries would be given a third option of imposing a sentence of life in prison with the possibility of parole when sentencing convicted murderers.
Also, the bill requires that, if a jury is deadlocked, a sentence of life without parole would be imposed, and juries would be told of that provision before sentencing. All pending capital cases, as well as crimes committed prior to the effective date of any change in the law, would be affected by the changes included in this bill.
Senator Bruno and Senator Volker announced Senate action on the death penalty legislation last week at a news conference, where they were joined by Benjamin Nazario of Flushing, Queens. Mr. Nazario�s brother Ramon was one of five victims killed in the tragic shootings at a Wendy�s Restaurant in Flushing in May 2000. One of the two men convicted in the killings, John Taylor, was sentenced to death and the sentence is pending an appeal.
They were also joined by Debra Jaeger of Wheatfield, Niagara County. Her sister, Jill Russell-Cahill, was killed by her husband Jeff Cahill, whose death sentence was overturned in the controversial decision by the State Court of Appeals.
Nazario and Jaeger both urged that the death penalty law be fixed to bring justice to violent killers that took the lives of their brother and sister.
"I urge the Assembly to bring this bill to the floor for a vote," Senator Bruno said. "In 1995, 94 members of the Assembly voted in favor of death penalty legislation, and I believe this bill would pass if it was brought up for a vote."
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