Death Penalty

Death-Row Inmate Gets Quicker Hearing on Alleged Judge-Prosecutor Affair

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A new judge has scheduled a hearing for Monday to consider a Texas death-row inmate’s request for more information about an alleged affair between the judge and prosecutor in his case.

Lawyers for Charles Dean Hood want to compel testimony about the allegations from the former judge, Verla Sue Holland, and the former district attorney, Thomas O’Connell.

The former judge in the case, Robert Dry, had set a hearing on the issue for Sept. 12, two days after Hood’s scheduled execution. But the judge later recused himself, and the new judge, Greg Brewer, quickly ordered the hearing, report the New York Times and the Austin American-Statesman.

Brewer’s notice of hearing says the parties should be prepared to take the depositions of Holland and O’Connell immediately after the hearing, if the court grants Hood’s request. The notice also directs the parties to bring letters, cards, gifts and receipts for gifts that Holland and O’Connell exchanged; photographs and videotapes depicting the two together; and text messages and e-mails from Holland and O’Connell commenting on the recent allegations.

Siding with calls for a probe into the affair is Texas Attorney General Greg Abbott. He told prosecutors in a letter that the state will seek a thorough review of Hood’s claims before execution to “protect the integrity of the Texas legal system,” the Times story says.

Abbott’s decision comes just one day after a group of 22 former judges and prosecutors sent a letter to the governor of Texas seeking a delay of execution to allow time to probe allegations of the affair. Among those who signed the letter are former FBI director William Sessions and two former federal appeals judges, John Gibbons and Patricia Wald.

Additional coverage:

Dallas Morning News: “Texas attorney general backs inquiry on district attorney, judge in execution case”

Updated at 3:50 p.m., central time, to add link to Dallas Morning News article.

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