Judge-Prosecutor Affair, but No New Trial in Texas Death Penalty Case

[rainbow4321]

I'd seen some of our local reports/blogs about this case, but here is the NYT article:


http://www.nytimes.com/2009/09/17/us/17texas.html?_r=2&partner=TOPIXNEWS&ei=5099

The highest criminal court in Texas ruled Wednesday that a man facing the death penalty for murder could not have a new trial despite a love affair between the prosecutor and the judge who tried his case.

The affair had been rumored for years in Collin County, just north of Dallas, but was confirmed only a year ago when Mr. Hood’s lawyers compelled the judge, Verla Sue Holland, and the prosecutor, Thomas S. O’Connell Jr., to give depositions under oath. Both officials had since retired.

(snip)

But Wednesday’s decision overturned the findings of a district court judge who had found that Mr. Hood should be allowed a hearing on a new trial. The decision did not discuss whether the affair had prejudiced his first trial; instead, the court rejected Mr. Hood’s claim on the ground that he should have raised it when he first appealed his 1990 conviction.

Mr. Hood’s lawyers responded to that finding by saying they had long tried to substantiate rumors of the affair. They also accused the majority of ignoring confirmation of it in the testimony of Ms. Holland and Mr. O’Connell.

[aquart]

1. Texas.