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Since when does behaving like a child persuade a judge? Prosecutors are refusing to participate in a trial on the constitutionality of the death penalty in Texas, choosing to “stand mute” during the proceedings. When given the opportunity to cross-examine a witness, the prosecutor said, "We still respectfully refuse to participate in the proceeding, your honor.” When the judge pressed him, he explained, “I have been instructed by my boss, the district attorney, to stand mute for the remainder of the proceedings.”