Thursday we complained about Houston Judge Joan Hoffman's insistence that the murder re-trial of Calvin Burdine take place 90 days after his new lawyer got on board. Defense lawyers in Houston wrote the Court in protest.

A brief recap of events until now: Calvin Burdine is the inmate on Death Row in Texas who had his state conviction reversed by the Fifth Circuit Court of Appeals because his lawyer slept through the trial. Then, the lawyer who had worked for fifteen years to reverse his conviction was disqualified from re-trying the case because Harris County, Texas hasn't certified him as a capital defense lawyer. So a new lawyer was appointed. The trial judge was trying to force the new lawyer to be ready for trial in this 20 year old capital case 96 days after she was appointed.

We're pleased to report the Judge has agreed to move the trial from October to March, 2003. Charles Kuffner alerted us to this editorial in yesterday's Houston Chronicle criticizing the Judge. Here's a quote from it:

"Until Thursday, Huffman declined to grant a continuance to allow Burdine's new lawyer, Danalynn Recer, to prepare. The trial is now set for a reasonable March 3, instead of Oct. 7. "

"Judge Huffman's behavior to date exhibits either callous indifference to fairness or the indulgence of personal pique unbecoming of a judge. What would cause Huffman to reason that Burdine, undefended by a sleeping lawyer in his first trial, deserves a weaker than necessary defense at his second? What made her hesitate to grant a reasonable continuance? "

"State District Judge George Godwin, chief administrative judge of criminal district courts in Harris County, accused Burdine's supporters of whining, but there's no shame in decrying injustice. The shame is in ignoring it, as Godwin seemed eager to do. "

"Judge Huffman could easily correct her mistake by appointing McGlasson to assist in Burdine's defense, just as she gave in and granted the defense time to prepare. No state law prohibits Huffman from giving Burdine a fair trial. Duty and the Constitution compel her to give him a fair trial, at least the second time around."

How about it, Judge Hoffman? Give Mr. Burdine his counsel of choice. It's the right thing to do.