George Pataki
Polls showed that the majority of New Yorkers wanted the state's death penalty laws restored. A bill to restore the death penalty passed the Legislature several years in a row, only to be vetoed by Mario Cuomo. Pataki made the issue a top priority of his and when the bill reached his desk he signed it into law in 1995. The state's Court of Appeals later ruled the death penalty unconstitutional in the form in which it was written (in the case of People v. LaValle), and the State Legislature has not passed a bill to restore it in a new form. During Pataki's 12 years as governor, not a single person was executed in New York State.
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.