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 HoodTexas 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
You can observe a lot by just watching.
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