Eliminating the death sentence in Texas would deprive their governors from using executions there to display their toughness.Both Bush and Perry as well as prosecutors nationwide use executions for political, not justice, purposes. This grooms them to be presidents hardening their resolve to sacrifice American troops and to murder civilians because their souls have been hardened by using executions as credentials. They are zombies, persons without a soul.

Based upon the possibility of executing an innocent, Texas Judge Fine cannot, legitimately, find the Texas death penalty unconstitutional.

Should Fine, wrongly, find the death penalty unconstitutional, he will, quickly, be reversed upon appeal, just as Federal District Court Judge Jed Rakoff was quickly reversed in the Quinones case (2002), when Rakoff made the same ruling based upon the same finding. 

It is settled law.

I suspect Fine will ringmaster over a circus of anti death penalty presentations/testimonies, the prosecutor will present no rebuttal but will simply object over and over, again, understanding that the circus will play out, Fine will have his moment in the anti death penalty sun, will rule the death penalty in Texas unconstitutional and, then, will quickly be reversed.

What I would want is very different, which is a point by point rebuttal to all the anti death penalty claims. I suspect the prosecution knows that would be a waste of their time and money. If Fine pays attention to the law, he will rule that death penalty constitutional and the current case will proceed. If Fine rules the death penalty unconstitutional, he will be reversed, then the current case will proceed.

It should be noted that innocents are more protected with the death penalty. See below.

The DNA hair evidence in the Claude Jones case does not, remotely, even hint that Jones may be an innocent executed. The eyewitness testimony identifies Jones as the murderer, who did not, remotely, look like Jones’ co defendant.    Dudley Sharp

Innocence and the death penalty
Dudley Sharp

1)  “The Death Penalty: More Protection for Innocents”
http://homicidesurvivors.com/2009/07/05/the-death-penalty-more-protection-for-innocents.aspx

The false innocence claims by anti death penalty activists are legendary. Some examples:

2)  “The Innocent Executed: Deception & Death Penalty Opponents”
http://homicidesurvivors.com/2009/10/08/the-innocent-executed-deception—death-penalty-opponents—draft.aspx

3)  The 130 (now 139) death row “innocents” scam
http://homicidesurvivors.com/2009/03/04/fact-checking-issues-on-innocence-and-the-death-penalty.aspx

4)  Sister Helen Prejean & the death penalty: A Critical Review”
http://homicidesurvivors.com/2009/05/04/sister-helen-prejean—the-death-penalty-a-critical-review.aspx

5)  “At the Death House Door” Can Rev. Carroll Pickett be trusted?”
http://homicidesurvivors.com/2009/01/30/fact-checking-is-very-welcome.aspx

6)  “Cameron Todd Willingham: Another Media Meltdown”,  A Collection of Articles
http://homicidesurvivors.com/categories/Cameron Todd Willingham.aspx

7)  “A Death Penalty Red Herring: The Inanity and Hypocrisy of Perfection”, Lester Jackson Ph.D.,
http://www.tcsdaily.com/article.aspx?id=102909A