Texas prosecutors endure mute over state of death penalty

The constitutionality of the death penalty is the topic of the hour before Texas courts, writes the Houston Chronicle. As the Houston Chronicle indicates, some Texas lawmakers aren’t too keen on the idea of the death penalty being labeled unconstitutional. Houston-area prosecutors within Harris County are even under orders by District Attorney Pat Lykos to endure mute during death penalty constitutionality hearings.

Likelihood that death penalty hurts the not guilty

The first time that the constitutionality of the death penalty is being argued in the idea of eliminating an innocent man has happened in Texas legal history now with the case with the 25-year old defendant John Edward Green case who was accused of a 2008 robbery and slaying in southwest Houston getting him the death penalty. The defense team for Green is still fighting. They say he is entirely innocent.

The defense team is arguing the death penalty is unconstitutional. This has brought the case to a deadlock with the decision made by Pat Lykos and the criminal prosecution to stand mute as a response. District Judge Kevin Fine claimed he wouldn’t allow the criminal prosecution to stand mute at first, but then allowed the case to continue rather than deadlock it by encouraging the defense to continue to present their case while the prosecution sits silently at counsel tables, unable to object, cross-examine or call witnesses.

“It’s arrogant, and it’s contemptuous for the state to decide to not participate when they’re trying to put my client to death,” said defense lawyer Casey Keirnan while in court.

Criminal prosecution suggests it is pointless to argue against the death penalty for Green

Before Harris Country prosecutors stood mute at the death penalty unconstitutionality listening to, they had argued that "the law surrounding the death penalty is well-settled.". The prosecution suggested that the defendant "lacks standing" when it comes to arguing the death penalty being unconstitutional. This is as the defendant was not yet convicted.

Citations

Houston Chronicles

chron.com/disp/story.mpl/metropolitan/7327353.html

What Texans know about the death penalty

youtube.com/watch?v=SJ6mje5etlc