Thursday, August 28, 2008

Collin County serving up a different brand of justice

By Bill Baumbach of The Collin County Observer

Justice may not be blind in some Collin County courtrooms.

There are two high-profile Collin County death penalty cases that have captured national media attention.

Texas vs. Charles Dean Hood

In the first case, Charles Dean Hood was sentenced to death 18 years ago by a judge, who as rumors have it, was involved in a secret sexual affair with the District Attorney.

Hood is scheduled to die on September 10 for a double homicide and robbery. While the rumors of the affair between Judge Holland and Tom O'Connell (both are retired) were common knowledge at the courthouse, neither the former judge nor the retired DA has ever admitted to the affair.

Recently a former assistant prosecutor filed a sworn affidavit stating that while he did not have first hand evidence of the affair, it was well known to those who worked at the courthouse.

Hood's defense is trying to assert that the secret affair robbed Hood of a fair trial. So far they have been unsuccessful, in large part because there is no evidence that an affair ever took place. Recently defense attorneys filed a request to require both Holland and O'Connell to submit to sworn depositions.

Today, Judge Robert Dry of Collin County's 199th District Court, scheduled a hearing on the defense motion - for two days after the date of execution.

Now that's Collin County justice!

See Wednesday's Dallas Morning News coverage, "Texas death row inmate's lawyers want new hearing date in move to question ex-judge, ex-prosecutor."

Texas vs. Mark Bell

The second case has yet to go to trial. Mark Bell stands accused of capital murder in a murder-for-hire homicide in Frisco.

Earlier this year, Judge Mark Rusch, of the 401st District Court issued a search warrant, authorizing the Frisco Police to search the office and files of one of Bell's defense attorneys.

The defense quickly demanded that Judge Rusch step down from the case, saying they wanted to call him as a material witness since he had seen and handled evidence seized from the attorney's office. Greg Abbott, the Texas Attorney General then filed a brief in opposition to the removal of Judge Rusch.

Today, the McKinney Courier-Gazette reported that visiting Senior Judge Gary Stephens has granted the defense motion and ordered Judge Rusch to recuse himself from the trial.

Judge Stephens is not from Collin County.

Pegasus News content partner - The Collin County Observer

Related stories

• Texas Attorney General files for possible stay in Charles Hood case (Sept. 5, 2008)
• Delaying the truth in Charles Hood case harms pro-death penalty cause (Sept. 2, 2008)

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• Legal / Lawsuits > Criminal
• Politics and Government > County Government > Collin County