May 1, 2006, 8:48PM
Buntion capital murder conviction overturned
By HARVEY RICE
Copyright 2006 Houston Chronicle
A federal judge has overturned the capital murder conviction of a Houston man who fatally shot a motorcycle officer, saying the state trial judge had a "deep seated and vocal bias" against the defendant.
U.S. District Judge Kenneth Hoyt issued an opinion late Friday overturning the conviction of Carl Wayne Buntion, convicted in 1991 of killing Officer James Irby during a traffic stop.
Hoyt said in his 61-page opinion that state District Judge Bill Harmon deprived Buntion of his constitutional right to a fair trial by bullying his lawyers, meeting privately with prosecutors and deferring to their wishes, and making remarks in court such as he was "doing God's work" by seeing that Buntion was executed.
"We do not try and put people to death, even when the evidence is compelling and overwhelming, where the instruments of justice ridicule the very process that they are charged to protect and preserve," Hoyt wrote.
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http://chron.com/disp/story.mpl/front/3833079.html