Texas Attorney General files for possible stay in Charles Hood case

by Bill Baumbach of The Collin County Observer

Texas Attorney General Greg Abbott sent a letter Wednesday informing Collin County DA John Roach that the state supports efforts by the defense team of Charles Dean Hood to determine if Hood received a fair trial.

Abbott wrote, "Unsubstantiated allegations have arisen regarding the relationship between the trial court judge and the prosecuting attorney in Hood's case. As Attorney General, I believe that the unique issues in this case, which involve the impartiality and fairness of his trial, warrant thorough review before his sentence is carried out. Tomorrow, the Office of Attorney General will file an amicus brief asking the trial court to fully review the matter, even if doing so requires delaying of the defendant's execution."

Also Thursday, Collin County District Judge Greg Brewer rescheduled the hearing on Hood's motion in a civil case to require former Judge Verla Sue Holland and former DA Tom O'Connell to submit to depositions on the allegations that they were in an extra-marital relationship during Hood's trail.

Earlier this week, another Collin County District Judge, Robert Dry, had scheduled the hearing for two days after Hood's execution date. Since that decision, Judge Dry has recused himself from the case.

According to reports in the Dallas Morning News, Judge Brewer has ordered Holland and O'Connell to appear in his court Monday morning prepared to give their depositions immediately after the hearing. Both Holland and O'Connell were also ordered to bring to the court any gifts, pictures, credit card receipts or correspondence evidencing the alleged relationship.

Hood is scheduled to die on Wednesday for a double homicide he committed almost 20 years ago. His case has drawn national attention as to the fairness of the Collin County judicial system.

Earlier this week, 22 former judges and prosecutors, including Judge William Sessions, former director of the FBI, wrote Gov. Perry asking him to stop the execution.

While Judge Brewer can require the depositions, he can not stop or postpone Wednesday's scheduled execution. However, previous attempts to gain a stay from the Court of Criminal Appeals have failed because there is no factual evidence of a relationship between Holland and O'Connell. Neither the former Judge nor the retired DA has issued any statements confirming or denying the charges.

In June, a former prosecutor in the Collin county DA's office filed an affidavit stating that the relationship between the two was "common knowledge" at the courthouse.

Hood's defense team hopes that by deposing Hood and O'Connell that sufficient evidence will be gained to secure a stay from the appeals court or from Governor Perry.

If the charges against Holland and O'Connell are substantiated, it is likely the courts would toss Hood's conviction and require a retrial.

Hundreds of other convictions in Judge Holland's court could also be challenged.

Time is running out for Charles Dean Hood. While he most likely is guilty of capital murder, he, like anyone in a US court, is entitled to a fair trial. General Abbott acknowledged that in his letter - stating, "if the execution proceeds as scheduled, before questions about the fairness of his trial are legally resolved, neither the victims nor justice will be served."