Judge grants motion declaring death penalty unconstitutional


A Houston judge this afternoon declared the death penalty unconstitutional
in a pretrial hearing in response to a motion from defense lawyers.

State District Judge Kevin Fine's ruling is unlikely to withstand
appellate review.

Fine granted a motion from defense attorney Bob Loper to declare Texas'
death penalty unconstitutional. Further details about the motion were not
immediately available.

Fine, a judicial maverick, was elected in the 2008 Democratic near sweep
of Harris County's benches. The judge came under fire last year for
questioning a victim during the punishment phase of rape trial.

The defendant in Thursday's hearing, John Edward Green, Jr., is accused of
fatally shooting a Houston woman and injuring her sister on June 16, 2008.

Green, 23, faces charges in the shooting death of Huong Thien Nguyen, 34.
Nguyen and her sister, My Huong Nguyen, had returned to their home in the
6700 block of Bellaire Gardens about 1:20 a.m. Sunday, when police said
Green approached them, made a demand and shot them.

Huong Thien Nguyen died at the scene. Her sister was taken to Ben Taub
General Hospital in critical condition.

(source: Houston Chronicle)