With the recent Supreme Court decision allowing Texas to resume executions, Charles Dean Hood is scheduled to die next Tuesday, June 17th, for the murders of Ronald Williamson and Tracie Lynn Wallace on November 1, 1989. Yesterday, his attorneys filed an interesting appeal, alleging that the judge in his capital murder trial was sleeping with the prosecutor.

Judge Verla Sue Holland, now retired, could not have provided Hood with a fair and impartial trial while involved in a long-term intimate relationship with then-Collin County District Attorney Tom O’Connell, the appeal said. O’Connell played an active role in prosecuting Hood for the double murder that put him on death row.

Like I said, interesting. Although this alleged relationship has been the subject of media reports before, this is the first time his lawyers have raised the issue in court because they were able to get an affidavit from a former prosecutor.

This summer, with a new execution date approaching, Hood’s lawyers caught a break when a former assistant district attorney signed a sworn statement June 3 calling the Holland-O’Connell relationship “common knowledge” in the prosecutor’s office.

Matthew Goeller, now a Plano lawyer in private practice, said the relationship was in existence in 1987, when Goeller joined the district attorney’s office.

Goeller also said it “existed during the trial of Charles Dean Hood” and ended in 1993.

Mr. Goeller never says that he has first hand knowledge, just that it was “common knowledge”.

“Mr. Goeller said what everyone else did … there are rumors of a romantic relationship,” Mr. Kepple said. “He doesn’t say ‘firsthand knowledge.’ He doesn’t say ‘I saw it’ or ‘I know it’s true.’ All he says is ‘It’s common knowledge.’… I don’t think that’s very impressive.”

I’m not certain what that will mean to the court but it seems to me the easiest way to get to the truth would be for the judge and prosecutor to confirm or deny it. But they aren’t talking.

Holland and O’Connell refused to answer questions from a private investigator, Wiercioch said.

The evidence against Mr. Hood seems overwhelming.

Hood’s fingerprints were found on the note allegedly from Wallace, on both garbage bags that had covered her dead body, on the closet door where her body was found, and on documents that had been taken from Williamson’s safe. Hood’s bloody prints were found on the weight machine placed in front of the closet door.

Hood was scheduled to report to work at 12:30 p.m. that day, but did not show up. He was arrested by police in Indiana the next day. At the time of his arrest, Hood was in possession of several items belonging to Williamson, including his car, jewelry, camera, wallet, credit cards, and clothing. Hood had used Williamson’s credit cards, cashed one of Williamson’s business checks, and pawned several pieces of jewelry shortly after the murders.

Mr. Hood maintains he is innocent and that “somebody else did it”. Interesting reading over at Urbangrounds, where members of the victims’ families have been arguing with members of Mr. Hood’s family. Mr. Hood even wrote Robbie, the site owner, a letter admonishing him for the blog.

Robbie, who wants me dead. I say GOD bless to you. My England friend expresses you are a pompous ass. I would say you remind me of a verse in (Proverbs 27:15) You sound like and probably look like a contentious woman. However you, I’m not going to pass judgement upon you because I am a Christian man and it says in (Proverbs 27:19) “As in water face reflects face so the heart of man reflects man.”

Pretty bizarre. If you get a chance, go over there and read some of the comments. Robbie is so convinced of Mr. Hood’s guilt that he will be a support witness for the sister of one of the victims and witness the execution.

Back to the judge/prosecutor relationship. If true, should the case be set for a new trial? Hard to say but let me ask you this: if you were charged with a crime and knew you were innocent, would you want to go to court and face the prospect of a judge ruling on motions, etc., after she just climbed out of bed with the prosecutor? I wouldn’t.