Then, O'Brien, with a purposeful stride, headed toward the north end of the Capitol to persuade the Senate to pass the legislation as soon as possible.

   The only problem: the Senate was all but done for the day -- and the rest of the year.

   ``I thought the Senate was still in,'' O'Brien, a Philadelphia Republican, said afterward.

   Stephen C. MacNett, general counsel for the Senate Republicans, said there was a possibility that the Senate could have taken up the legislation, but by 12:15 p.m., the Senate was done voting.

   ``We were done voting before the issue was even before the House,'' MacNett said. The Senate is not scheduled to return until early January.

   The measure, attached to a bill as an amendment sponsored by O'Brien, would allow for a retrial of Einhorn, 57, who was convicted in absentia in 1993 by the Philadelphia District Attorney's Office for the 1977 bludgeoning death of his girlfriend, Helen ``Holly'' Maddux.

   Einhorn had jumped bail and fled to Europe in 1981, just as he was about to go to trial. He was arrested in the southwest of France in June.

   Last week, a French appeals court panel refused to extradite Einhorn because there was no provision that would grant Einhorn a new trial in Philadelphia upon his return.

   Einhorn was set free and is living with his Swedish wife in Champagne-Mouton, a small village.

   The House approved the amendment, 193-0, after about 40 minutes of floor debate, mostly on legal questions.

   ``There's no guarantee that we're going to be successful,'' O'Brien said during the debate. ``What we're trying to do is clear away the obvious obstacle that stands in the way of bringing this brutal murderer to justice.''

   Afterward, O'Brien said he was going over to the Senate. ``They can deal with it today,'' he said.

   But, all the while, House Majority Leader John M. Perzel (R., Phila.) was aware that by the time the House began debate, the Senate would no longer be in a position to vote on the legislation, said Stephen E. Drachler, his press secretary.

   Drachler said Perzel allowed the House to vote on the measure ``to start that process and get it moving.''

   ``We did what we thought was necessary to respond to the ruling of the French courts,'' Drachler said. ``It was a good-faith attempt to show we are willing to make the changes necessary.''

   Theodore Simon, one of Einhorn's attorneys, said the legislature was beyond constitutional bounds with its ``attempts to alter an existing final judgment.'' He was referring to the conviction in absentia, which carried a life sentence.

   ``It must be nice to make up the rules in the middle of the game,'' said Norris E. Gelman, another Einhorn attorney.

   MacNett said the Senate could consider the legislation ``late in January.'' That would give members time to weigh its merits. ``This is not a going-out-of-business sale,'' MacNett said.

   The Philadelphia District Attorney's Office expressed disappointment with the prospect of having to wait until late January, at least, for a new law.

   ``We can't tell if any legal proceeding in France will occur before then,'' said Ronald Eisenberg, a deputy Philadelphia district attorney. ``The real danger, given his history, is that Einhorn will flee again.''

   Gary Tennis, the District Attorney's Office legislative liaison, interjected: ``Now he knows it's coming.''