As Clock Ticks, Defendant Seeks Evidence of Judge's Alleged Affair
Having escaped the death penalty at almost the last minute in June, Charles Dean Hood has a good chance of actually meeting his maker on his next scheduled execution date in September.
However, lawyers for the convicted murderer, who insists he is innocent, are trying an unusual tactic to attempt to win him some more time—and a court ruling on his claim that he didn’t get a fair trial, because a prosecutor on the case allegedly was having an affair with the judge presiding over the capital trial. Although no lawsuit has been filed, Hood’s lawyers are seeking court permission to depose the now-retired judge and former prosecutor, in an attempt to pursue a possible civil rights claim against them, reports the Dallas Morning News.
The two, Verla Sue Holland and Tom O’Connell Jr., reportedly have not responded to the claims of a rumored affair between them.
“The filing seeks not only to depose Judge Holland and Mr. O’Connell, but also asks the court to order the two to produce any letters, cards, and gifts exchanged between them; all credit card or store receipts for any gifts, all photographs and videotapes depicting the two together and all e-mails or text messages pertaining to allegations about their alleged romantic relationship,” the newspaper writes.
Earlier coverage:
ABAJournal.com: “Texas Judge Halts Planned 6 PM Execution, Appeals Court Overrules, Clock Ticks”
ABAJournal.com: “30-Day Execution Reprieve for Hood, But Judge’s Claimed Affair Not the Reason”
ABAJournal.com: “Texas High Court Judge Defends Execution Order: We’re Not ‘Bloodthirsty’”
