In today's Chicago Tribune, Steve Mills reports, "Judge's romance cited in bid to halt execution."
In a highly unusual court filing, attorneys for a Texas Death Row inmate scheduled to be executed Tuesday are seeking a reprieve based on the claim that the judge and one of the prosecutors at the trial were having a romantic relationship as the trial was ongoing.
Charles Hood was sentenced to death for the 1989 murders of Ronald Williamson, his boss, and Williamson's girlfriend, Tracie Wallace. They were shot in Williamson's home in Plano.
But in court papers filed Thursday, and in a clemency petition filed with the office of Texas Gov. Rick Perry, Hood's attorneys claim the trial was unfair because of the alleged affair.
"There's a potential for bias or favoritism toward the district attorney," said one of Hood's attorneys, Gregory Wiercioch, who claimed both should have disclosed the alleged relationship.
And:
Matthew Goeller says in the June 3 affidavit that lawyers in the district attorney's office were well aware of the alleged affair, and that the relationship was going on when he joined the office in 1987 and continued until roughly 1993.
Goeller, who could not be reached, also raises the question of a conflict of interest during Hood's trial in his affidavit, asking whether Holland's "extra-judicial activities cast a reasonable doubt on the Judge's capacity to act impartially as a judge." Hood's court filing says the relationship clearly presented a conflict.
Wiercioch acknowledged that proving an affair is difficult without "the principals telling us." But he said the Goeller affidavit provides "more than speculation and innuendo."
"At some point," he said, "they've got to respond to this."
Today's Plano Star-Courier has, "Judge,DA relationship cast doubt on trial."
Gregory Wiercioch, defense attorney for Hood, said this affidavit is an important piece of evidence in showing possible bias on the part of the judge. Goeller worked in the district attorney’s office from 1987 until 1996 and was aware of the relationship the judge and DA had.
By receiving the affidavit when they did Hood’s defense could finally move forward on the application for the stay of execution. This is not the first time Hood has come close to his execution date. His original execution date was June 30, 2005. However, three days before his execution the date was pushed back because of procedural issues.
Wiercioch said with the execution date as close as it is, he understands stays in execution are harder to come by. But, he said on the strength of the affidavit he has hope the courts will do the right thing.
“It would require a whole new trial, because the Texas courts have said when the judge is not impartial in a trial the entire proceeding is void,” He said. “The law is very strong on the issue, which it should be.”
Earlier coverage is here. The affidavit is here; the pleading, here.
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