But prosecutors had already decided against seeking execution.

But in his remarks, the judge said he would direct prosecutors to ask the new attorney general to reconsider the decision to seek execution.

So, in deciding whether to seek execution, prosecutors had to make a reasoned prediction about the minds of jurors.

The Governor took him off the case immediately, even though state law grants prosecutors 120 days to decide whether to seek execution.

In the past, former federal prosecutors say, questions about the credibility of a central witness have often been considered reasons against seeking execution.

Several said it was so hard to persuade New York jurors to vote for death that they were being more selective in choosing when to seek execution.

The bombings, she said, might be the rare case where the government was justified in seeking execution.

But it leaves the final decision on whether to seek execution in the hands of the district attorneys.

The final decisions to seek execution, the district attorneys insisted, were their own.

Mr. Ashcroft did order federal prosecutors in Brooklyn to seek execution, although they had recommended against it.