Harris Co. D.A. statement on Texas death penalty ruling

[editor]

District Attorney Responds to Ruling on Constitutionality of Texas Death Penalty Law

Houston Tx - Today, the judge of the 177th District Court, in the case of the State of Texas v. John Edward Green, Jr., declared Art. 37.01 of the Texas Code of Criminal Procedure, which authorizes the death penalty, to be unconstitutional.

District Attorney Patricia Lykos stated, "Words are inadequate to describe the Office's disappointment and dismay with this ruling; sadly it will delay justice for the victims and their families. The Texas Court of Criminal Appeals and other appellate courts have consistently rejected the same issues raised in the Green case.

The decision of whether to seek the death penalty is a solemn and profound responsibility. After a deliberative and thoughtful process this Office reached the conclusion to prosecute Mr. Green for the horrific capital murder he committed and to ask the jury to assess the death penalty.

We respectfully, but vigorously disagree with the trial judge's ruling, as it has no basis in law or in fact. We will pursue all remedies."

Kari Allen, the lead prosecutor in the Green case, commented on the judge's ruling: "It subverts the State's effort to seek justice for the multiple victims in this case. An innocent woman was executed in front of her two children after she complied with the killer's demands. Her sister, who was visiting with her from California, was shot twice as she attempted to comply."

[little frau]

I'll be remembering Fine's name when and if he comes up for re-election.

What was he thinking? If Green did in fact shoot two women in front of the children of one of them, all in the process of trying to rob them, then why should he expect to be spared the death penalty? Maybe Fine thinks that Green can be rehabilitated.

[editor]

Another release came in last night from the Harris County DA's office:

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Court Withdraws Ruling in Death Penalty Case

(Houston, Tx) State District Judge Kevin Fine on Tuesday withdrew his March 4 ruling that found the Texas capital murder statute violates due process provisions of the U.S. Constitution. That ruling had effectively barred prosecutors from seeking the death penalty against John Edward Green Jr. on his capital murder charge in the robbery and killing of a Houston mother.

However, the judge Tuesday ordered both sides to submit legal briefs on the issue in about one month. An evidentiary hearing could follow, further postponing a trial that had been set to begin with jury selection on March 31.

Prosecutor Kari Allen states, "It is refreshing that a Judge was willing to rescind an order. However, it is unfortunate that we will not be able to proceed more quickly with the actual trial of the case."

Chief Appellate Prosecutor Alan Curry will be tasked with reviewing the court's ruling and drafting the State's response to the court order. Curry says, "We believe that the law in this area is well-settled, and we are confident that a review of the State's brief will clarify that the death penalty can be fairly and properly sought in the state of Texas."

[Fringe]

I'll still remember the a-holes name when elections come around.