Judge Declares Death Penalty Unconstitutional

HOUSTON - A Houston judge declared the state's death penalty law to be unconstitutional and is now asking the U.S. Supreme Court to re-examine the statute.

The ruling came Thursday in case of the State of Texas v. John Edward Green Jr. after Green's attorneys filed the motion.

Judge Kevin Fine, the judge in the 177th District Court, signed an order forcing the appellate court and the U.S. Supreme Court to re-examine the death penalty.

Green is charged in the 2008 fatal shooting of 34-year-old Huong Thien Nguyen in Bellaire Gardens, a Houston neighborhood.

Harris County District Attorney Patricia Lykos issued a statement disagreeing with the judge.

"Words are inadequate to describe the Office's disappointment and dismay with this ruling; sadly it will delay justice for the victims and their families. The Texas Court of Criminal Appeals and other appellate courts have consistently rejected the same issues raised in the Green case. The decision of whether to seek the death penalty is a solemn and profound responsibility.

"After a deliberative and thoughtful process this Office reached the conclusion to prosecute Mr. Green for the horrific capital murder he committed and to ask the jury to assess the death penalty.We respectfully, but vigorously disagree with the trial judge's ruling, as it has no basis in law or in fact. We will pursue all remedies."