Collin County justice

08/27/08

Permalink 08:51:30 pm, by bill Email , 607 words,   English (US)
Categories: Observer Opinions, Law, Crime & Punishment

Collin County justice

There are two high profile Collin County death penalty cases that have captured national media attention.

Texas vs. Charles Dean Hood
In the first case, Charles Dean Hood was sentenced to death 18 years ago by a judge, who as rumors have it was involved in a secret sexual affair with the District Attorney.

Hood is scheduled to die on September 10 for a double homicide and robbery. While the rumors of the affair between Judge Holland and Tom O'Connell (both are retired) were common knowledge at the courthouse, neither the former judge nor the retired DA has ever admitted to the affair.

Recently a former assistant prosecuter filed a sworn affidavit stating that while he did not have first hand evidence of the affair, it was well known to those who worked at the courthouse.

Hood's defense is trying to assert that the secret affair robbed Hood of a fair trial. So far they have been unsuccessful, in large part because there is no evidence that an affair ever took place. Recently defense attorneys filed a request to require both Holland and O'Connell to submit to sworn depositions.

Today, Judge Robert Dry of Collin County's 199th District Court, scheduled a hearing on the defense motion - for 2 days after the date of execution.

Now that's Collin County justice!

See Wednesday's Dallas Morning News coverage, Texas death row inmate's lawyers want new hearing date in move to question ex-judge, ex-prosecutor

Texas vs. Mark Bell
The second case has yet to go to trial. Mark Bell stands accused of capital murder in a murder-for-hire homicide in Frisco.

Earlier this year, Judge Mark Rusch, of the 401st District Court issued a search warrant, authorizing the Frisco Police to search the office and files of one of Bell's defense attorneys.

The defense quickly demanded that Judge Rusch step down from the case, saying they wanted to call him as a material witness since he had seen and handled evidence seized from the attorney's office. Greg Abbott, the Texas Attorney General then filed a brief in opposition to the removal of Judge Rusch.

Today, the McKinney Courier-Gazette reported that visiting Senior Judge Gary Stephens has granted the defense motion and ordered Judge Rusch to recuse himself from the trial.

Judge Stephens is not from Collin County.

Bill

Notes:

Charles Dean Hood

Texas death row inmate's lawyers want new hearing date in move to question ex-judge, ex-prosecutor The Dallas Morning News, August 27, 2008

TL - Death Row Inmate Wants Rule 202 Depos of Former Judge, Former DA CCO - August 26, 2008

DMN - Texas death row inmate's defense hopes to prove romantic link between Collin County ex-prosecutor, retired judge CCO - Aug. 19, 2008

PN - Plano and Collin County in midst of series of ugly scandals CCO - July 6, 2008

DMN - Editorial: Ethics questions in Charles Dean Hood case CCO - June 30, 2008

DMN - Execution delayed for Texas death row inmate convicted for Plano murders CCO - June 17, 2008

DMN - Affair rumors may delay execution of Plano couple's killer CCO - June 13, 2008

Mark Bell

Judge Rusch recused from Bell murder trial, McKinney Courier-Gazette, August 27, 2008

Hearing on "raid" of attorney office rescheduled CCO - August 7, 2008

Amicus Curiae brief of the TCDA, August 5, 2008

Defense attorney search warrant motion hearing moved - McKinney Courier-Gazette, Aug. 6, 2008

One of these days these boots are going to walk all over your attorney-client privilege - Grits for Breakfast, Aug. 3, 2008

Where are the boots?: Details from the Gore warrant, affidavit and return - CCO, July 31, 2008

The Warrant, affidavit and return and more

The Defense motion in Response to the State's Motion to Disqualify Defense Counsel

MCG - AG opposes subpoenas of Rusch and Dry - CCO, July 23, 2008

Not Judge Rusch's first controversial warrant - CCO, July 21, 2008

NBC5 - Detectives Seize Documents From Murder-For-Hire Suspect's Attorney - CCO, July 18, 2008

Comments, Pingbacks:

Comment from: anon [Visitor]
Collin County Judiciary: For shame, for shame, for shame! Jesus will not know you when the time comes! What a betrayal of America! To get a MAN, we had to go outside of Collin County!
PermalinkPermalink 08/27/08 @ 21:00
Comment from: Anon [Visitor] Email
It is disturbing to me that we have another death case that involves controversy and question.

Michael Blair, Charles Dean Hood? I am left to question our judicial system in Collin County.





PermalinkPermalink 08/28/08 @ 19:47
Comment from: anon [Visitor]
The article below is in today's Houston Chronicle. Read the rest of the article there. Collin County is the laughingstock of Texas and the world. We look like a bunch of inbred idiots who don't know right from wrong. With convicted murderer Charles Dean Hood scheduled to be executed Sept. 10, a McKinney judge has ordered a hearing to determine whether the judge presiding over the trial and the district attorney who prosecuted the case can be put under oath to answer allegations that they were having an affair at the time of the trial. Date of the hearing: Sept. 12. Was this state District Judge Robert T. Dry's idea of gallows humor? Maybe, but it was also a perfectly legal response to a desperate, if quite creative, last-minute strategem by Hood's lawyers. Was there an affair? On June 3, Hood's lawyers obtained a sworn statement from a lawyer who had worked in the Collin County district attorney's office at the time of the trial in 1990. The former assistant DA, Matthew Goeller, said it was "common knowledge in the district attorney's office" that DA Tom O'Connell and Judge Verla Sue Holland were involved in a long-running affair. The courts have clearly held that the constitutional right to due process includes a trial in which the judge is not, figuratively or literally, in bed with the prosecutor. With Hood at that time scheduled to die on June 16, Hood's lawyers appealed to the Texas Court of Criminal Appeals — the state's highest court for criminal matters — asking that it give them time to determine whether Goeller's allegations were true.
PermalinkPermalink 08/31/08 @ 17:08
Comment from: Collin County Citizen [Visitor] Email
When will the leadership of Collin County rise to the citizens we have here? We are a progressive and well educated people who are involved in an array of business dealings that have improved the lives of people in our county, state, and nation. Why can't we get elected officials who mirror the county instead of making us look like pure idiots? We are a county of almost 1 million and yet we are run like we are a county of 100.
PermalinkPermalink 09/03/08 @ 11:32
Comment from: Concerned Mom [Visitor] Email
What Are The Checks and Balances for Collin County Family Court?

Help is needed with an investigation on how Collin County Judges are ruling in family law cases. This is an example and certainly not the only one. This child has unquestionably been put in danger by an unbelievable ruling in Judge Robert Dry’s Court (199th District Court). What is happening in Collin County, mothers beware. I am often in the Collin County Courthouse for work and I listen in on cases. There is a movement against mothers. Judges are making rulings that are unbelievable. One example below:

For the past year a father has had temporary primary possession of 9 year old daughter because of a false affidavit he filed. The information he filed has long ago been disproved, but the mother is still working to regain primary custody of her daughter.

A month ago there were some very serious crimes committed in the father’s home. His older son, on 10 years probation for Manufacture and Delivery of Methamphetamine was arrested at the house for two counts of assault with a deadly weapon. His dogs had gotten out and two little girls in the neighborhood brought them back to the house. He shot out the window of the house at the two girls aged 8 & 11 When the police arrested him, they found drugs all around the house including the daughter’s bedroom, and her fathers. Her father (unemployed) went on the run with her. Her father did not call the school, after three weeks the school withdrew her because she was a presumed missing child. CPS has an open investigation opened by the police reports. The father has a history of Domestic Violence with the mother and the wife before her. He was only given supervised visits in his divorce in Minnesota. He chose to cut of contact with that child. He owes over 100K in back child support to 3 different women.

The mother was able to get a TRO on the father and a Writ of Attachment for her daughter. The Constables located the child and returned her to her mom. However, at a hearing a few days later the Judge returned the child to her father. The father disappeared again the same day. There is no reason that the girl could not have gone to her mother. Her mother has a safe and stable household with none of these conditions the father has and never has had. The mom has a long history as a loving nurturing mother, and can line people up to support this, teachers, psychologists and more. Mom is a former Kindergarten teacher, and half way through her Doctorate in Psychology.

How does a Judge return a child to a home with:
Drug dealer in house
Shootings from house at two little girls
Aggravated assault with a deadly weapon (2 counts)
Open CPS investigation
Drugs all over house including child’s bedroom
Felon in Possession of a handgun
Father on the run with child
Child withdrawn from school, presumed missing
Child being secreted in hiding
Child not in school
Father with Domestic Violence history


Mom is desperately concerned for her daughter. She again does not know where she is. Her daughter is not in school and no one other than her father has access to her or knowledge of her whereabouts.

Is there any system of checks and balances in Texas Family Court? This is clearly a crisis situation and Mom needs help quickly in order to insure the child’s welfare.
PermalinkPermalink 03/06/09 @ 20:24
Comment from: Grandma misses her grandbabies [Visitor] Email
Need some help. CPS took my two grandsons out of the home.
Daughter has done everything asked/ordered to do in order to get kids back.
Daughter was told they would probably be returned by June or July (2009).
Daughter received a letter from her court appointed atty. today, that state is wanting to terminate her rights.
Am at wit's end...someone please help!
This is the same thing the Nazi's did to the Jews! They took their children away from them!
How can our courts be allowing or worse, taking part in this?
Need Help!!!
PermalinkPermalink 03/19/09 @ 00:12

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