State v. Martini

• Decision Date: 28 June 1996
• Citation: 677 A.2d 1106,144 N.J. 603
• Parties: STATE of New Jersey, Plaintiff-Respondent, v. John MARTINI, Sr., Defendant-Respondent.
• Court: New Jersey Supreme Court

Page 603

144 N.J. 603

677 A.2d 1106

STATE of New Jersey, Plaintiff-Respondent, v. John MARTINI, Sr., Defendant-Respondent.

Supreme Court of New Jersey.

Argued May 29, 1996.

Decided June 28, 1996.

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

Alan L. Zegas, West Orange, for respondent, John Martini, Sr.

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

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

Catherine A. Foddai, Deputy Attorney General, 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 determines when and whether the State shall execute a prisoner; rather, the law itself makes that determination. The public has an interest in the reliability and integrity of a death sentencing decision that transcends the preferences of individual defendants.

I

The specific question is whether to grant John Martini's request to dismiss the Office of the Public Defender's application for post-conviction relief filed on Martini's behalf but without his consent. The facts of Martini's case are set forth in detail in our two prior decisions, State v. Martini, 131 N.J. 176, 619 A.2d 1208 (1993) (Martini I ), and State v. Martini, 139 N.J. 3, 651 A.2d 949 (1994) (Martini II ).

Briefly, Martini kidnapped Irving Flax, a Fair Lawn business executive in 1989. He telephoned Flax's wife and demanded ransom money. Despite receiving the ransom money, Martini shot Mr. Flax in the back of the head three times, the jury found to prevent Flax from identifying him. A jury convicted Martini of, among other offenses, purposeful and knowing murder over his claim of drug dependency or diminished capacity and sentenced him to death. We affirmed his conviction of murder in Martini I and the proportionality of his sentence of death in Martini II.

On October 2, 1995, the United States Supreme Court denied Martini's petition for certiorari. Martini v. New Jersey, --- U.S. ----, 116 S.Ct. 203, 133 L.Ed.2d 137. The following day, the Law Division issued a warrant for defendant's execution, to take place on November 15, 1995. On October 30, 1995, the Public Defender applied to the Law Division for permission to pursue post-conviction relief on defendant's behalf over his objection, or for an evidentiary hearing on his competency, as well as for a stay of execution pending post-conviction relief proceedings. At a hearing that same day, the Public Defender acknowledged that defendant did not wish to stay his execution or seek any post-conviction relief. Defendant informed the court that this was correct. With his consent, the court appointed independent counsel for defendant from a list supplied by the Public Defender. The Court also appointed a psychiatrist to examine defendant to determine his competence to waive post-conviction proceedings. On February 14, 1996, at the conclusion of a two-day competency hearing, the trial court ruled that defendant was competent to waive post-conviction proceedings, and that the Public Defender could not seek post-conviction relief on defendant's behalf over his objection. The trial court continued the stay of defendant's execution pending review by this Court. The Public Defender appealed the denial of her motion to pursue post-conviction relief. We expedited review of the matter and held oral argument on May 29, 1996.

II

Although the context differs, the issues are essentially the same as those that we faced in State v. Koedatich, reported at 98 N.J. 553, 489 A.2d 659 (1984) (Koedatich I ), and 112 N.J. 225, 548 A.2d 939 (1988) (Koedatich II ), cert. denied, 488 U.S. 1017, 109 S.Ct. 813, 102 L.Ed.2d 803 (1989), and State v. Hightower, 120 N.J. 378, 577 A.2d 99 (1990). In those cases, each defendant asked either that no mitigating evidence be presented on his behalf, that he be permitted to ask the jury to sentence him to death immediately, or that no appeal of his sentence of death be taken. Koedatich attempted to waive a jury during the penalty phase and instructed his attorney to introduce no mitigating evidence. Koedatich II, supra, 112 N.J. at 327, 548 A.2d 939. Defense counsel followed those instructions and made neither an opening nor closing statement, and presented no evidence in the penalty phase. Ibid. After the jury imposed the sentence of death, the Public Defender filed an appeal on Koedatich's behalf over his objection. An automatic stay of Koedatich's execution was entered. Koedatich asked this Court to vacate the stay of his execution and to dismiss the appeal that the Public Defender had filed on his behalf. Koedatich I, supra, 98 N.J. at 553, 489 A.2d 659. He asked to be executed immediately. We denied Koedatich's motion to dismiss his appeal or to vacate the stay of execution, but ordered that in addition to the appeal prosecuted by the Public Defender, the defendant might secure other counsel or proceed pro se in order to raise such argument on the appeal as he might feel necessary or appropriate. Ibid. The Public Defender prosecuted a successful appeal on Koedatich's behalf. In our decision of that appeal, we set forth the reasons for our earlier decision that the Public Defender's appeal should not be dismissed. We noted that "persuasive policy reasons exist for not allowing a defendant in a capital case to execute even a knowing and voluntary waiver of his right to present mitigating evidence during the penalty phase. These policy reasons are based substantially on the State's 'interest in a reliable penalty determination.' " Koedatich II, supra, 112 N.J. at 329-30, 548 A.2d 939 (quoting People v. Deere, 41 Cal.3d 353, 222 Cal.Rptr. 13, 19, 710 P.2d 925, 931 (1985)). We also quoted with approval the Appellate Division's interlocutory opinion in the Hightower case ¹ in which the court allowed a defense attorney to present mitigating evidence even over the client's express order not to contest the imposition of the death sentence:

Certainly tension exists between the desires of the client as expressed to his lawyer and the constitutional necessity to insure that the ultimate penalty is not extracted in a "wanton and freakish manner." In normal circumstances, the lawyer is required by the Rules of Professional Conduct to "abide by a client's decisions concerning the objectives of representation."

. . . . .

Under our statutory scheme, a jury may impose the death penalty only if the aggravating factors outweigh the mitigating factors beyond a reasonable doubt. If the jury did not hear the evidence allegedly in mitigation, it could have difficulty discharging its statutory, and indeed moral, duty. Our conclusion is reinforced by a recent amendment to the death penalty statute which requires that an appeal must be taken even if defendant does not want to appeal and that our State Supreme Court must review the issue of proportionality of the sentence on defendant's request.

[Koedatich II, supra, 112 N.J. at 330, 548 A.2d 939 (quoting State v. Hightower, 214 N.J.Super. 43, 44-45, 518 A.2d 482 (App.Div.1986)).]

The Koedatich Court explained: "Essential to our [capital punishment] statute is that its application cannot result in death sentences that are 'wantonly and ... freakishly imposed.' " 112 N.J. at 331, 548 A.2d 939 (quoting Furman v. Georgia, 408 U.S. 238, 310, 92 S.Ct. 2726, 2762-63, 33 L.Ed.2d 346, 390 (1972) (Stewart, J., concurring)). Our procedures for trial and appeal are established

not only to protect the interests of the accused, but also to enable a state to enact a constitutional death penalty statute.... A defendant who prevents the presentation of mitigating evidence "withholds from the trier of fact potentially crucial information bearing on the penalty decision no less than if the defendant was himself prevented from introducing such evidence by statute or judicial ruling." People v. Deere, supra, 222 Cal.Rptr. at 19, 710 P.2d at 931.

Courts have recognized that the qualitative difference between death and any other penalty gives rise to "a corresponding difference in the need for reliability in the determination that death is the appropriate punishment in a specific case." Woodson v. North Carolina, 428 U.S. 280, 305, 96 S.Ct. 2978, 2991, 49 L.Ed.2d 944, 961. It is self-evident that the state and its citizens have an overwhelming interest in insuring that there is no mistake in the imposition of the death penalty. Accordingly, we have the constitutional and statutory duty to review every judgment of death.

[Id. at 331-32, 548 A.2d 939 (citation omitted).]

Thus, under our law a defendant may not waive a sentencing hearing, may not waive the presentation of mitigating evidence, and may not waive an appeal. The question is whether a defendant who has presented mitigating factors to a jury and has had his conviction and sentence affirmed on direct appeal may waive post-conviction relief (PCR). The answer depends on the importance of post-conviction relief to ensuring...