Update: Death Penalty Hearing Halted December 7, 2010

Barry Scheck, co-director of the Innocence Project, was scheduled to appear in a Harris County criminal courtroom on Wednesday to take part in the death penalty hearing.

Judge Kevin Fine was hearing evidence to determine if there’s a substantial risk that the state’s death penalty law allows for the possible execution of an innocent person.

However, the hearing was halted late Tuesday. Below is the notice from the DA’s office:

(From the Harris County District Attorney’s office)

Texas Court of Criminal Appeals Halts Death Penalty Hearing

The Harris County District Attorney’s Office was notified late Tuesday that the Texas Court of Criminal Appeals, on its own motion, has granted a stay in the death penalty hearing regarding The State of Texas versus John Edward Green being held in the 177th District Court. The hearing on the constitutionality of the death penalty will be effectively stopped pending legal arguments to be made by the parties. All parties will have 15 days to respond to this order by drafting legal briefs with their stated positions.

Former Gov. Mark White Plans to Testify in Death Penalty Hearing December 7, 2010

Testimony from a former Texas Governor could help decide the future of  the  death penalty in Texas.

Former Governor Mark White is scheduled to testify on “the need for certainty in capital convictions.”

Judge Kevin Fine is being asked to decide if  there’s a substantial risk that the state’s death penalty law allows for the possible execution of an innocent person.

The case centers around murder  defendant John Green who is accused of  robbing and shooting a woman in 2008.  Green’s attorney’s claim he is innocent and argue that if he is convicted there is a good chance he will be given the death penalty and wrongly executed.

Another interesting development in the case relates to the Harris County District Attorney’s Office.  Assistant DA Alan Curry has told Judge Fine that he was ordered by his boss, District Attorney Pat Lykos, to “stand mute” during the hearing.  That means Curry plans to stay present but will not participate.