But pending a grand jury finding, legal responsibility remained unclear.
Officer Zuhoski did not respond to a telephone message left at the police department seeking comment on the jury finding.
"It will depend on the specifics of the statutes, the jury instructions and the jury findings in each case," he said.
In literal terms, the judge enters a verdict notwithstanding the jury findings.
The victim's family denounced the grand jury finding.
Yesterday's jury finding may make that effort more difficult, several analysts said.
Under state law, a separate jury finding of special circumstances is required before the death penalty can be imposed.
President Clinton declined to comment on the jury finding but thanked the jurors for their service and for the "grave decisions" they made in the trial.
The grand jury finding, formally known as a "no true bill," was greeted with jubilation by the tightly knit Lubavitcher community.
The case, and later the grand jury findings, polarized New York and the country along racial lines.