On Friday March, 5 2010 state District Judge Kevin Fine historically ruled in accordance with a defense pretrial motion that the death penalty is an unconstitutional institution. After a firestorm of backlash from leading political opposition, on March 9, 2010 Judge Fine rescinded his original statement, moving forward with the trial of John Green as a death penalty trial.
Judge Fine has now announced that legal representation from both sides should present evidence on an April 27, 2010 hearing on whether the death penalty is unconstitutional, stating that he wants more evidence regarding the possibility of the execution of innocent individuals.
For an article on this topic by the Houston Chronicle click here.