Judge Fine gets caught with his pants down
Dudley Sharp, contact info below
3/10/10

 

Judge Fine is not truly backing off or rescinding his finding that the Texas death penalty statute is unconstitutional. It is a tactical withdrawal to cover his ass.

 

I suspect it won’t matter what happens in the April 27th hearing. Judge Fine will repeat his original finding.

 

Judge Fine realized that he looked like a fool and/or an idiot because he was wrong on the facts and the law in his first two episodes. (1)

 

The judge, now, says “. . . he still wants more information on whether the state‚Äôs death penalty statute is unconstitutional because it allows for the possible execution of an innocent person.” Thus, the hearing.

 

To repeat, Judge Fine there is no law or opinion that finds that due process must be infallible. Since the first incarcerations and the first executions, man has always known that there was always the “possibility” of actual innocents being imprisoned and/or executed and that, in both cases, due process may not reveal that actual innocence prior to their deaths, or ever.

 

In other words, the judge has already made up his mind that due process must be infallible and no matter what occurs in the hearing, he has already decided to support his original ruling, not matter how fallible his understanding of the facts and the law.

 

That is also why Judge Fine is also in error in saying that he is not challenging the constitutionality of the death penalty, but instead that the statute is unconstitutional. No judge, what you are doing, as if you don’t know it, is challenging the constitutionality of due process that is not perfect.

 

The April hearing will welcome in a bunch of anti death penalty legal specialists, that will try to cover his rear.

 

It matters not a wit what the state/prosecution side will say to contradict the anti death penalty cabal, inclusive of the judge.

 

Judge Fine will repeat his original finding and then he will be overturned.  He just wants the show, first.

 

The kings new clothes.

 

1) a) “Judge Fine was injudicious and irresponsible”, Dudley Sharp, 3/5/10  and
     b) “Judge’s Clarification Puts Him in More Hot Water: Texas Death Penalty Ruled Unconstitutional”, Dudley Sharp, 3/7/10

 

Sincerely, Dudley Sharp
e-mail  sharpjfa@aol.com,  713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O’Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.

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