Texas's Deathical Debate

In a series of last-minute twists that would put 24 to shame, the execution of Charles Dean Hood was ultimately stayed in Texas last night. The debate over his execution centers on an alleged ongoing affair between the judge that presided over his case and the prosecutor that was trying that same case (Dallas Morning News):

In a letter to The Dallas Morning News in 2000, Mr. Hood wrote, "During my trial, the setting [sic] judge and district attorney were having a sexual relationship, a huge ("conflict of interest")."

The allegations were publicized in 2005 in an article on Salon.com but had not been raised at trial or during Mr. Hood's other appeals because attorneys had no proof, only rumors.

But in early June, former Assistant District Attorney Matthew Goeller swore in an affidavit saying the relationship was "common knowledge," lasting from 1987 until 1993.

Mr. Hood's attorneys felt that affidavit from a former prosecutor who worked in the office during the time of the trial offered sufficient reason to introduce the alleged relationship as a reason to reverse the conviction and sentence.

"The absence of an impartial judge is a structural defect," they wrote.

The alleged affair was brought up on appeal but the Texas Criminal Court of Appeals and the Fifth Circuit both denied relief.

Yesterday, June 17, the Collin County District Judge withdrew the date and recused himself which indefinitely postponed Hood's execution. The State immediately appealed to the Texas Criminal Court of Appeals which found another judge to reissue the execution date. The prison, however, informed the State that they would not be able to properly carry out the execution in the time alloted (it was around 11pm after all this was settled and the death warrant expired at midnight). Finally, Texas Gov. Rick Perry granted a one-time reprieve, putting the execution off for a month.

What an absolutely unmitigated mess. To think that Texas was racing the clock to make sure this guy could be executed before midnight just seems remarkably ridiculous, not to mention the lack of closure on the ethical dilemma of the judge's relationship with the prosecutor. Surely, there will be more on this that develops but I'll leave you with this (also from Dallas Morning News):

Earlier in the day, Larry Fox, former chairman of the American Bar Association Ethics Committee, worried about the impact of Mr. Hood's possible execution. Mr. Fox was one of several other legal experts calling for review of the case.

"I was thinking the headlines tomorrow for us around the world would be a black mark on our system of justice," he said.

Great coverage by Capital Defense Weekly, Grits for Breakfast and Stand Down.