Joseph Bruno
Bruno, along with Governor George Pataki and Assembly Speaker Sheldon Silver, was instrumental in returning the death penalty to New York State in 1995. The New York Court of Appeals (the highest state court in New York) later found the law to be unconstitutional because it gave jurors deadlocked between life without parole and execution no choice but to give eligibility for parole after 25 years; the Court of Appeals feared that jurors faced with this choice would unfairly lean toward a death sentence. In the 10 years after the law was passed, New York's crime rate plummeted without ever seeing an execution, perhaps weakening public support for the death penalty. Silver let the law die in 2005 without much debate.
Governorship of Mitt Romney
In December 2004, Romney announced plans to file a death penalty bill in early 2005.
The bill, filed April 28, 2005, sought to reinstate the death penalty in cases that include terrorism, the assassination of law enforcement officials and multiple killings. Romney's legislation required the presence of scientific evidence such as DNA to sentence someone to death and a tougher standard of "no doubt" of guilt for juries to sentence defendants. This differs from the "beyond a reasonable doubt" standard used in traditional criminal cases. The legislation called for a pool of certified capital case lawyers to ensure proper representation for the accused and allowed jurors who do not personally support the death penalty to serve in the guilt phase of the trial. Romney said; "In the past, efforts to reinstate the death penalty in Massachusetts have failed. They have failed because of concerns that it would be too broadly applied or that evidentiary standards weren't high enough or proper safeguards weren't in place. We have answered all those concerns with this bill." The Massachusetts House of Representatives defeated the bill 99-53.