Juan Lozano's full AP report, "Texas judge rescinds anti-death penalty ruling," is now available via Google News.
A Texas judge who came under criticism for his ruling declaring the death penalty unconstitutional took back his controversial decision on Tuesday.
However, Judge Kevin Fine said he still wants more information on whether the state's death penalty statute is unconstitutional because it allows for the possible execution of an innocent person. The Democrat who is heavily tattooed and says he's a recovering alcoholic and former cocaine user, is a state district judge in the county that sends more inmates to death row than any other in the nation.
During a court hearing Tuesday, Fine rescinded his ruling, which he made last week in granting a pretrial motion in a capital murder case. But he asked Harris County prosecutors and defense attorneys to submit motions on the issue.
A hearing in the case is set for April 27, and Tuesday's decision will delay the trial, which had been set to begin with jury selection at the end of this month.
Fine said there was no precedent to guide him in resolving the issues raised by defense attorneys in a case involving a man accused of fatally shooting a Houston woman and wounding her sister during a robbery in front of their home in June 2008.
Attorneys for John Edward Green Jr. argued Texas' death penalty statute is unconstitutional because it violates their client's right to due process of law under the 5th Amendment because hundreds of innocent people around the country have been convicted and sent to death row and later exonerated.
Fine said in his ruling Thursday that it is safe to assume innocent people have been executed. A string of high-profile Texans, including Gov. Rick Perry, strongly criticized Fine's ruling last week. Fine declined to comment Tuesday on why he took back his ruling.
"We are reviewing the court's latest ruling and are briefing the issues," said Donna Hawkins, a spokeswoman for the Harris County District Attorney's Office.
And:
A court hearing in the case had been set for Wednesday, when Fine was expected to rule on prosecutors' motions to have him reconsider his decision or to still proceed with the trial as a death penalty case. Tuesday's hearing was called at the last minute.
Earlier coverage begins with this post.
UPDATE - Brian Rogers has posted, "Houston judge backs off ruling that death penalty unconstitutional," at the Houston Chronicle.
A Houston judge who ruled last week that the proceedings surrounding the Texas death penalty are unconstitutional rescinded his ruling this morning to schedule a hearing for lawyers on both sides to submit arguments on the issue.
State District Judge Kevin Fine said, in effect, he was holding his ruling in abeyance until April 12, when prosecutors and defense lawyers for capital murder John Green can submit briefs. A hearing was scheduled for April 27.
Fine reiterated that his ruling is limited to whether the Texas Code of Criminal Procedures allows for the execution of innocent people. He said there was not any precedent to guide him.
“There's nothing in my research that say's it is OK to execute innocent people so that we may have a death penalty,” Fine said on the bench.
He said society's standards of decency and fairness have changed and, “what we know, without burying our heads in the sand, is that we have executed innocent people.”
And:
Prosecutors and Green's attorneys said they looked forward to an expanded hearing.
“Clearly, I'm thrilled that he has rescinded his order,” said Assistant Harris County District Attorney Kari Allen. “I understand that is not necessarily him saying that he disagreed with his order, but I am grateful that we have a chance to more fully litigate it.”
“For the first time in the state of Texas, or anywhere, we're going to have a hearing about whether innocent people get executed,” said defense attorney Casey Keirnan. “What I keep saying is, it's the beginning of the end of the death penalty in Texas.”
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