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| N.J. Supreme Court asked to clarify ruling in death-penalty cases |
| By Associated Press |
| Published: 02/06/2004 |
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New Jersey's attorney general asked the state Supreme Court Thursday to clarify a ruling that has prosecutors confused over capital murder cases now that grand juries must approve death sentences. Prosecutors and defense lawyers alike are unsure what the decision means to the five ongoing death-penalty trials, as well as appeals for 13 remaining death-row inmates. "Prosecutors are scrambling, particularly those who are actively involved in capital cases, as are judges," said Boris Moczula, an assistant attorney general. Most troubling for lawyers was the Supreme Court's decision to have the grand jury review apply only to new cases. The confusion comes because it is not clear if a grand jury must agree only to the decision to seek a death sentence, or if prosecutors must present again all the evidence for the murder charge itself. The court issued the ruling Tuesday, part of a 4-2 decision that overturned the death sentence of Steven Fortin, convicted of killing a 25-year-old Woodbridge mother of four as she walked home from a grocery store on Aug. 11, 1994. The court Thursday did not indicate if it would consider the attorney general's request. In several cases, defendants have been convicted of murder but a jury has yet to hear the case that they should be put to death for the crime. New Jersey has required such double verdicts since the death penalty was reinstated in 1982. No one has been executed in the state since 1963. The public defender's office continues to review the pending appeals, spokesman Jeff Beach said. In at least two death-row appeals, a grand jury may be called to decide if a death sentence is appropriate. |

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