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Judge deems death row inmate did not receive fair trial due to sex scandal
By Stephanie Flemmons, Staff Writer
A district judge ruled that a death row inmate did not receive a fair trial due to recent proof that the judge and the district attorney that tried the case were having a sexual affair.
In November 2008, Judge Greg Brewer of the 366th Judicial District Court of Collin County had been directed by the Texas Court of Criminal Appeals to make his recommendation whether convicted killer Charles Dean Hood’s claim of an unfair trial was raised in a timely manner.
Today, Brewer issued Findings of Fact and Conclusions of Law that concludes that attorneys for Hood discovered proof of Judge Vera Sue Holland and District Attorney Tom O’Connell’s secret, sexual relationship in a timely fashion and that Hood’s attorney are not at fault for not discovering this information earlier because the parties kept it secret for so long.
Brewer found that Holland and O’Connell did not abide by their ethical and constitutional duties during the 1990 trial and conviction of Hood.
According to court records, Brewer states: “Judge Holland and Mr. O’Connell took deliberate measures to ensure that their affair would remain secret,” and “Judge Holland and Mr. O’Connell did not abide by their ethical and constitutional duties to disclose the fundamental conflict caused by their relationship.”
In attempts to keep their affair secret, Brewer states “Mr. O’Connell misled habeas counsel during the successive state habeas proceedings and Judge Holland resisted counsel’s investigative efforts.”
The Findings of Fact and Conclusions of Law that Brewer made will now be sent up to the CCA for their review, where they can either accept or reject Brewer’s recommendations. According to Andrea Keilen, Texas Defender Service executive director, the CCA will either grant a new trial or find they are not bound by the trial-court recommendation.
In 1990, Hood was sentenced to death for the fatal shootings of Tracie Lynn Wallace, 26 and her boyfriend Ronald Williamson, 46, at Williamson’s home in Plano in 1989.
According to a petition submitted by Hood’s attorneys in June 2005, prior to an earlier execution date, O’Connell actively misled the defense attorneys by denying that he had been in a romantic relationship. Holland simply refused to cooperate with the investigation at the time.
Hood has survived five execution dates due to separate procedural matters.
Contact Stephanie Flemmons at sflemmons@acnpapers.com
The following are comments from the readers.
In no way do they represent the view of Starlocalnews.com
In no way do they represent the view of Starlocalnews.com
Tricia wrote on May 1, 2009 7:28 PM:
" Its about time someone saw the light in the total miscarriage of justice. Keep on fightin Charles. The truth will prevail. "
planodad wrote on May 1, 2009 8:33 PM:
" Why is this beast still alive? 19 years on death row and he is still beathing!!! They enough on him to convict. Too bad the judge was banging the District Attorney, it took a jury of 12 people to convict and send his ars to death row....enough is enough juice him up and lets be done with it. "
The Truth Hurts wrote on May 1, 2009 10:09 PM:
" Well, its about time, the truth finally comes out about what really goes on in Collin County.
This is the classic example of how "special strokes for special folks"
goes on. The elections are full of it, the
local & county government, and rarely will any of the press print the truth.
The long & the short of it, IT WAS NOT
ETHICAL CONDUCT!
It is this sort of thing of why this country
is going down the tubes.
Wonder how they are going to explain this to their GRANDCLIDREN?
WHAT SAD MORALS FOR THE COUNTY. "
This is the classic example of how "special strokes for special folks"
goes on. The elections are full of it, the
local & county government, and rarely will any of the press print the truth.
The long & the short of it, IT WAS NOT
ETHICAL CONDUCT!
It is this sort of thing of why this country
is going down the tubes.
Wonder how they are going to explain this to their GRANDCLIDREN?
WHAT SAD MORALS FOR THE COUNTY. "
The Truth.... wrote on May 2, 2009 9:40 AM:
" PlanoDad,
Its not about if he is guilty or not, its about the courts, justice and if you
can expect those in powerful positions
to apply the law fairly.
What kind of ethics do you teach your
childre? What would you want for you
and yours should you find yourself before a judge? ETHICAL? "
Its not about if he is guilty or not, its about the courts, justice and if you
can expect those in powerful positions
to apply the law fairly.
What kind of ethics do you teach your
childre? What would you want for you
and yours should you find yourself before a judge? ETHICAL? "
miabella wrote on May 3, 2009 10:00 AM:
" Good for Judge Brewer, finally an honest person on the bench. Needs to be more like him. "
fry daddy wrote on May 4, 2009 10:45 AM:
" So because she was getting her electrical charge from the district attorney the criminal doesn't get his turn at the high voltage.
Judge sleazy, I hope it was worth it. You just freed a criminal for a lay. "
Judge sleazy, I hope it was worth it. You just freed a criminal for a lay. "
The Truth wrote on May 4, 2009 2:16 PM:
" Vera Sue Holland and Tom O'Connell
should be required to pay for the
next trial.
Why should the taxpayers have this
bruden?
Put a lien on their properties, sell and
cover all future costs their acts have
caused!!
Time for Collin County to clean up their politics!! "
should be required to pay for the
next trial.
Why should the taxpayers have this
bruden?
Put a lien on their properties, sell and
cover all future costs their acts have
caused!!
Time for Collin County to clean up their politics!! "
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