DA wants controversial judge off death penalty case

HOUSTON The DA's office filed a motion asking Judge Kevin Fine to recuse himself, accusing the judge of bias against the death penalty. Back on March 9, Judge Fine rescinded his ruling just five days after saying the death penalty violated due process provisions of the U.S. Constitution.

A hearing in the case is scheduled for late April.

Judge Fine is up for re-election in November 2012.

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