Texas Appeals Court Halts Hearing on Death Penalty Flaws
Texas’ highest criminal court has temporarily halted a hearing on the constitutionality of capital punishment overseen by a Houston judge who issued then rescinded a decision striking down the state’s death penalty.
The stay issued by the Texas Court of Criminal Appeals gives prosecutors time to file briefs arguing the judge had no authority to hold the hearing, according to the Houston Chronicle and the Associated Press.
Harris County prosecutors argue that evidence of flaws in past death penalty cases should not be allowed to decide issues in the case of accused murderer John Edward Green Jr. Before the stay was issued, lawyers for Green had presented evidence about the unreliability of eyewitness identification and informant testimony.
Prosecutors have not participated in the hearing. Rather, they are “standing mute” at counsel tables, the Houston Chronicle says. Before beginning their silence, they had argued that Green has no standing to challenge the death penalty since he has not been convicted. They also claimed the death penalty is supported by well-settled precedent.
Judge Kevin Fine originally ruled in March that the death penalty is unconstitutional, then rescinded the decision and asked for briefs on the issue. “It’s safe to assume we execute innocent people,” Fine wrote in his original decision. Past news stories have described Fine as a “heavily tattooed” recovering alcoholic and former cocaine user.
