I wrote of Judge Kevin Fine first in Now For Another Cosmic Moment after he granted a hearing to the defense team for John Green. The defense team had argued their client should not be subject to the death penalty because the death penalty was unconstitutional. Judge Fine, admitting to his concern that Texas had probably already executed innocent people, scheduled a hearing. Texas appealed and lost.
Now I learn from My Fox Houston that Judge Kevin Fine has scheduled the hearing for November 8 and expects that the hearing might last two weeks. The article was only four paragraphs long. I like the last one best.
Prosecutors say they are not opposed to a hearing [that] looks at the constitutionality of the death penalty law, but object to any hearing that would look at whether Texas has executed an innocent person.
The prosecutors were previously opposed to looking into the constitutionality of the death penalty, but apparently changed their opinion after the appellate court ruled against them. And I will bet dollars to doughnut holes that the prosecutors deeply and sincerely object to any hearing that would consider whether Texas has executed an innocent person.
Particularly so if that person is Cameron Todd Willingham or Shaka Sankofa (both of whom I have yet to write about), or Johnny Frank Garrett, or David Wayne Spence, or Robert Nelson Drew, or Carlos DeLuna, or Odell Barnes, or a long list of others I intend to document in this blog.
Certainly had Tim Cole not died on death row before Texas could execute him, certainly had he not succumbed of asthma before Texas could plunge lethal chemicals into his arm, certainly then the prosecution would object to discussing his case as well.
