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STATE v. MARTINI

144 N.J. 603 (1996)

677 A.2d 1106

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN MARTINI, SR., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 28, 1996.

Attorney(s) appearing for the Case

Claudia Van Wyk, Deputy Public Defender II, argued the cause for appellant, Office of the Public Defender (Susan L. Reisner, Public Defender, attorney).

Alan L. Zegas argued the cause for respondent, John Martini, Sr.

Susan W. Sciacca, Special Deputy Attorney General, Acting Assistant Prosecutor, argued the cause for respondent State of New Jersey (Charles R. Buckley, Deputy Attorney General in charge, Acting Bergen County Prosecutor, attorney).

David A. Ruhnke argued the cause for amicus curiae The Association of Criminal Lawyers of New Jersey (Ruhnke & Barrett and Crummy Del Deo Dolan Griffinger & Vecchione, attorneys; Mr. Ruhnke and Lawrence S. Lustberg, on the brief).

Catherine A. Foddai, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Deborah T. Poritz, Attorney General, attorney; Ms. Foddai and Craig V. Zwillman, Deputy Attorney General, of counsel; Mr. Zwillman, of counsel and on the brief).

The opinion of the Court was delivered by O'HERN, J.

It is difficult to explain why a murderer who has admitted his guilt and had his conviction and sentence of death affirmed on direct appeal should not be granted his request to be executed immediately. For some, no explanation may be necessary. For others, no explanation will suffice. For those who wish to understand, we explain that under our form of government it is not the inmate on death row or the accused who...

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