Some random thoughts as we head
towards Spring.
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As to the Dianne Zamora trial, I
believe the real issue is not whether she will be convicted but whether
she will be convicted of the exact charge that the prosecution seeks. The
State chose to indict her with capital murder alleging that the murder
of the victim occurred during the course of a kidnapping. There is the
slight chance that the jury could find against the State on the kidnapping
element and convict her simply of murder. This is critical in that the
automatic punishment of life in prison would then be out the door. The
jury, instead, would have to decide between a term of imprisonment between
life or no more than 99 years and no no less than 5 years. More importantly,
she would be eligible for probation.
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I’ve watched the Zamora trial on
the Internet this week through he help of ReadAudio and WFAA. The technology
seems so basic that it makes you wonder whether, in 20 years, there could
be an Internet camera in every courtroom in America.
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One last thought on Zamora, every
unsolved crime has the common denominator of a criminal that knew how to
keep his mouth shut.
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The pre-execution publicity of Karla
Faye Tucker makes the post-execution silence almost deafening.
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Speaking of Tucker, everyone should
be sickened, even those in favor of the death penalty, by the cheer of
the crowd that occurred outside the Walls Unit in Huntsville shortly after
6:00 p.m. when it was announced that the Supreme Court had denied the second
request for a stay of execution.
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As to Bill Clinton and independent
prosecutor Kenneth Starr: If your enemy were to hire an army of lawyers,
give them $40 million , 4 years, and a pile of subpoenas, do you think
you would survive their scrutiny?
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School teacher Mary Kay LeTourneau
violates her probation by being in the company of the young boy who fathered
her child. As shocking as it sounds, it is amazing how many defendants
immediately violate the terms of their probation regardless of the consequences.
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Politics or not, Gov. George Bush
should be applauded for intervening in the tobacco settlement to challenge
the amount of attorney’s fees that are expected to be paid. The settlement
is not appreciably better than the global settlement pending before Congress,
and there is no way a Dan Morales picked group of plaintiffs lawyers deserve
the millions that they seek.
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This week’s Wise County Messenger
ran a story regarding my dismissal of robbery charges against Allen Ray
Boden. I encourage you to read it. The whole experience was gut wrenching.
Barry Green is the District Attorney
for the 271st Judicial District.
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