"We are disappointed by the Texas Court of Criminal Appeals' decision today to temporarily stay the hearing in the John Green case, which is examining the risk of his being wrongfully convicted in his upcoming capital trial.
In two days of testimony, the risk to Mr. Green of wrongful conviction based on flawed evidence was becoming readily apparent. The claim by Mr. Green is based on a constitutional theory never before examined by the Texas courts and derives from the mounting evidence demonstrating that the kind of evidence against Mr. Green -- eyewitness identification, testimony by paid informants, and fingerprint comparison -- is often inaccurate and leads to conviction of the innocent.
We have confidence that when the Court of Criminal Appeals fully appreciates the evidence and the constitutional claim, it will allow the hearing to resume."
The events leading to today's order (via the defense team):
- On November 19, the District Attorney’s Office filed a motion to prevent the court from holding the hearing. The Texas Court of Criminal Appeals denied the State's petitions ten days later.
- On December 6, the District Attorney's Office announced that it would not participate in the hearing and prosecutors declined to cross-examine witnesses.
- In a statement released Monday, co-counsel for defendant John Green stated: "It is unfortunate that the district attorney's office has decided not to participate. If there were adequate safeguards to guard against convicting and executing the innocent, Texas prosecutors should be able to lay out and describe those safeguards to the court’s and the public’s satisfaction. Perhaps this is an admission that mistakes can and do happen."
- Today, the District Attorney's Office filed a motion with the Texas Court of Criminal Appeals asking the Court to reconsider its decision to let the hearing go forward. The CCA granted that motion late today.
The defense brief in opposition is here.
