"“IT IS THE FINDING OF THIS COURT THAT THE TOTALITY OF EVIDENCE DOES NOT SUPPORT THE STATE'S MOTION TO RECUSE JUDGE FINE NOR THAT HIS IMPARTIALITY MIGHT BE REASONABLY QUESTIONED,” GIST WROTE."
REPORTER BRIAN ROGERS; THE HOUSTON CHRONICLE;
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BACKGROUND: Texas State District Judge Kevin Fine caused an uproar when he was perceived as ruling that the way the death penalty is currently administered is unconstitutional. Critics are screaming judicial activism, seen as a judicial faux paus and usually a pejorative term; supporters say Fine is a "brave jurist" who has called out death penalty administration on its current merits, or apparent lack thereof. The defendant in this case, John Edward Green, Jr, is charged with capital murder in the 2008 slaying of one of two sisters he allegedly shot during a robbery. Witnessed by the victim's two children, Huong Nguyen, 34, was killed in her own driveway. The case has victims' right advocates calling for justice. In Texas generally, and in Harris County in particular, justice for a capital murder charge is exactly what the law allows for: the death penalty.
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"A Houston judge who declared the procedures surrounding the death penalty unconstitutional in March, then rescinded his ruling to hear more information, will stay on the case, a special judge has ruled," reporter Brian Roger's story, published earlier today in the Houston Chronicle begins, under the heading, "DA's effort to recuse judge in murder case rejected."
"State District Judge L.J. Gist denied the district attorney's motion to recuse Kevin Fine, who presides over the 177th state District Court," the story continues.
"“It is the finding of this court that the totality of evidence does not support the state's motion to recuse Judge Fine nor that his impartiality might be reasonably questioned,” Gist wrote.
Gist said he filed the denial Tuesday, but clerks said they had not received it until Wednesday.
On April 1, Harris County's District Attorney Pat Lykos asked that Fine be recused after he ruled that the Texas capital murder statute violates due process provisions of the U.S. Constitution.
“A reasonable person, knowing all the circumstances involved, would harbor doubts as to the impartiality of Judge Fine,” according to court documents filed by prosecutors.
If Fine rules the same way after hearing arguments on the issue and his ruling survives appellate review, it will take the death penalty off the table for John Edward Green. The 25-year-old Green is accused in the robbery and fatal shooting of Huong Thien Nguyen, 34, on June 16, 2008.
Fine's original ruling drew swift rebukes from Lykos, Texas Attorney General Greg Abbott and Gov. Rick Perry."
The story can be found at:
http://www.chron.com/disp/story.mpl/metropolitan/7023883.html
Harold Levy...hlevy15@gmail.com;
