Death Penalty
Depositions Ordered re Alleged Long-Ago Affair Between Judge & Prosecutor
Posted Sep 8, 2008, 04:57 pm CST
By Martha Neil
Charles Dean Hood is scheduled to be executed Wednesday. But first his lawyers will be allowed to depose a former prosecutor and retired judge accused of having an affair during his Texas murder trial, a state court judge decided today.
A deposition of former former Collin County District Attorney Tom O'Connell began shortly after District Judge Greg Brewer's ruling today, reports the Associated Press.
A deposition of retired state District Judge Verla Sue Holland is scheduled tomorrow.
Defense lawyers are seeking a 30-day stay of Hood's scheduled execution for two 1989 murders, so they can further develop evidence of the alleged long-ago affair between O'Connell and Holland.
"Though the defense is unable to point to any specific instance of unfair treatment in Mr. Hood's trial, they say that he could not have received a fair trial if the two were romantically involved," notes a lengthy Dallas Morning News article published today before the judge ruled.
Earlier coverage:
ABAJournal.com: "Death-Row Inmate Gets Quicker Hearing on Alleged Judge-Prosecutor Affair"
ABAJournal.com: "As Clock Ticks, Defendant Seeks Evidence of Judge’s Alleged Affair"
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