... Saying he could assume that innocent people have been executed, state District Judge Kevin Fine ruled in a pre-trial motion in a capital murder case on Thursday that the death penalty was unconstitutional and found himself on Friday facing a torrent of criticism from a string of high-profile Texans including Gov. Rick Perry.

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"Are you willing to have your brother, your father, your mother be the sacrificial lamb, to be the innocent person executed so that we can have a death penalty so that we can execute those who are deserving of the death penalty?" he said. "I don't think society's mindset is that way now."

On Friday, Fine said he was only focusing on the due process issue the motion brought up and the only guidance on that issue is what has been provided by the U.S. Supreme Court "that places a duty on trial courts to act as gatekeepers in interpreting the due process claim in light of evolving standards of fairness and ordered liberty."

"So I am now charged with interpreting such evolving standards and I'm called upon to assess the current state of our society's standards of fairness and ordered liberty in light of what we as a society now know. And that is that we execute innocent people. This is supported by the exoneration of individuals off of America's death rows." ...