WE ALSO AGREE THAT TEXAS GOVERNOR RICK PERRY IS QUALIFIED 2 LEAD ANY THIRD WORLD COUNTRY WITH HIS CALLOUS MENTALITY TOWARD INNOCENT HUMAN LIFE...

MANY AMERICANS IN CERTAIN STATES ACROSS AMERICA ARE IN FAVOR OF THE DEATH PENALTY FOR CRIMINALS WHO HAVE BEEN CONVICTED OF TAKING OTHER INNOCENT HUMAN LIFE.

MOST AMERICANS ARE ALSO VERY WELL AWARE THAT CLOSE TO HALF OF THE U.S. ALSO DOES NOT BELIEVE IN THE DEATH PENALTY BEING A VIABLE FORM OF PUNISHMENT FOR CONVICTED MURDER'S.

NO MATTER HOW AMERICA VIEWS THE DEATH PENALTY, EVERYONE IN THE U.S. CAN ALL AGREE THAT THE SMALL GROUP OF CERTAIN INNOCENT AMERICAN CITIZENS WHO ARE CHARGED WITH THE DEATH PENALTY HAVE EVERY RIGHT TO HAVE PROPER LEGAL COUNSEL and INVESTIGATIVE ASSISTANCE AFFORDED THEM PRIOR BEING WRONGFULLY EXECUTED.

SINCE CHARGED CRIMINALS WITH A PROPER LEGAL DEFENSE APPEAR TO HAVE A MUCH BETTER CHANCE OF PROVING ONES INNOCENCE, IT STANDS TO REASON THAT OTHERS NOT BEING ABLE TO AFFORD A PROPER LEGAL DEFENSE WOULD BE GIVEN EVERY OPPORTUNITY TO EXONERATE THEMSELVES via GOVERNMENT PAID LAWYERS & PI'S...

LAWYERS FOR POOR AMERICANS HAS WRITTEN PREVIOUSLY ABOUT GOVERNOR RICK PERRY'S LACK OF INTEREST IN MAKING SURE ALL THOSE ACCUSED CRIMINALS IN THE STATE OF TEXAS HAVE EVERY POSSIBLE OPPORTUNITY TO PROVE ONES NON-GUILT PRIOR THEIR CONVICTIONS & EXECUTIONS .

WE CONTINUE TO STAND BY TEXAS RESIDENT HANK SKINNERS RIGHT AND ANY OTHER ACCUSED OR CONVICTED AMERICAN'S RIGHT TO HAVE THE OPPORTUNITY TO HAVE DNA TESTS PRIOR BEING RIGHTLY OR WRONGFULLY EXECUTED IN AMERICA.

FOR OUR GREAT COUNTRY BEING THE WEALTHIEST COUNTRY IN THE WORLD TO CONTINUE TO ALLOW POSSIBLE WRONGFUL EXECUTIONS PRIOR DNA TESTING IN ANY STATE IN THE UNION, BORDERS ON BEING A MODERN DAY CRIME AGAINST HUMANITY ISSUE THAT NEEDS CHANGE...

IF AMERICA CONTINUES TO USE DNA TESTING TO CONVICT CRIMINALS ALL ACOSS OUR LAND, WE MUST ALSO OBVIOUSLY PRESERVE THE RIGHT TO ALSO ALLOW THIS SAME DNA TESTING TO BE CAPABLE OF EXONERATING ALL OF THOSE WHO ARE ALSO INNOCENT ACROSS OUR GREAT LAND !!!
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WALL STREET JOURNAL NEWSPAPER
16/6/2010

Hearing to Delve Into Texas Executions

By ANA CAMPOY

Capital punishment in Texas will go on trial Monday, as lawyers for an accused killer prepare to argue that the death penalty is unconstitutional because it carries high risks that innocent people could be executed.

Lawyers for John E. Green Jr., who is charged with killing a woman in front of her children, are not challenging the constitutionality of the death penalty, only how the punishment is applied by the state.

At the hearing before State District Judge Kevin Fine in Houston, Mr. Green's lawyers are expected to argue that he should not be prosecuted for capital murder, which is punishable by death.

With 464 executions in the last three decades, Texas has put to death far more convicts than any other state. But a dozen death-row inmates have been exonerated of the crimes of which they were convicted.

Critics of the Texas justice system point to a range of problems they say increase the risks of convicting the innocent, from police procedures that can mislead eye witnesses in identifying perpetrators to the state's failure to provide the accused with adequate defenders. They also say evidence is often not analyzed with the best scientific methods, leading to mistakes.

Mr. Green's lawyers say the evidence the state collected in his case is unreliable—including prints that were not sufficiently clear to identify the perpetrator—and risks wrongfully convicting him.

The hearing "will lay out powerful proof that the risks of executing the innocent in Texas are too high and these procedures have to be fixed," said Barry C. Scheck, co-founder and co-director of the Innocence Project, which is based in New York and is assisting the Green legal team. "It's a pretty important issue for the whole viability of capital punishment if there's something profoundly wrong with it."

The Harris County District Attorney's office declined to comment on the hearing. But in a brief filed with the court, prosecutors called "largely unfounded and/or exaggerated" claims that innocent defendants have been convicted in other death-penalty cases, and argued that such claims should not prevent them from pursuing capital punishment for Mr. Green.

Capital punishment has widespread support in the state, and Gov. Rick Perry defended the state's death-penalty process.

"We are confident that Texas's criminal-justice system has the appropriate due process, appeals and protections to ensure that only those who are guilty receive the ultimate punishment," said Lucy Nashed, a spokeswoman for the governor.

If Judge Fine finds the death penalty unconstitutional, the decision will almost certainly be appealed, and the case doesn't now seem assured to have much effect across the state, legal experts say.

The main impact the case will have in Texas and beyond may be on public opinion, which the defense hopes will help drive changes in the way the death penalty is applied.

Critics also now have a forum in which to air the cases of people they believe were wrongly executed. Regular legal remedies such as appeals no longer apply once a defendant is dead.

"It's the death penalty, so there's no going back and fixing it," said Maurie Levin , a law professor at University of Texas at Austin. "That's why this has not happened before."

Earlier this year Judge Fine ruled in favor of the defense, telling the court that there was "overwhelming evidence that we are in fact executing innocent persons." But he later rescinded that decision, asking the defense and the prosecution to provide additional information.

One case lawyers say they will highlight at the hearing will be that of Cameron Todd Willingham, who was convicted of murdering his three daughters by setting his family's house on fire. Mr. Willingham was executed in 2004 after Gov. Perry denied his petition for clemency. Some prominent fire experts later found the arson investigation used to convict him to be faulty.

State Attorney General Greg Abbott said Supreme Court precedent clearly demonstrates that capital punishment is constitutional.

"We hope Judge Fine will finally allow this capital murder prosecution to proceed so that justice is no longer delayed for the victim's family," said Lauren Green, a spokeswoman for Mr. Abbott.

Write to Ana Campoy at ana.campoy-AT-dowjones.com

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