Friday, September 12, 2008

Texas appeals court stop scheduled execution

Attorneys for a killer who had been scheduled to die Wednesday say he should get a new trial because his trial judge and the prosecutor admitted having a secret sexual relationship that began years before his murder convictions.

Charles Dean Hood won a reprieve Tuesday, but not because of the alleged affair.
The Texas Court of Criminal Appeals said it will reconsider its previous dismissal of an appeal by Hood that challenged jury instructions. The court said developments in the law regarding jury nullification instructions made reconsidering its ruling prudent.

At the same time, the court dismissed claims by Hood's attorneys that he was denied a fair trial because of the alleged relationship between retired Judge Verla Sue Holland and former Collin County District Attorney Tom O'Connell. O'Connell and Holland gave depositions under a court order Hood's attorneys won on Monday.

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