Death Penalty Appealed After Judge Found Sleeping With Prosecutor

An appeal has been filed in Austin, Texas to overturn a capital murder conviction because it's been found the judge at his 1990 trial was involved in a secret intimate relationship with the prosecutor.

The appeal says Judge Verla Sue Holland, now retired, could not have provided Charles Dean Hood with an impartial trial while dating then-Collin County District Attorney Tom O�Connell, who played an active role in prosecuting Hood for double murder.

Hood is scheduled to be executed June 17, and his lawyers had tried to confirm the rumored affair for years, but it was only last week that a former assistant district attorney provided an affidavit that called the relationship 'common knowledge' in the prosecutor's office.

"An intimate relationship � not only implies a special willingness of the judge to accept the prosecutor�s representations and arguments, but also suggests extensive personal contacts beyond the confines of the courtroom," the appeal says.

It should be interesting to see what happens with this one, we'll keep you updated.

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