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Sep 5, 2008 6:55 am US/Central
Abbott: Look At Romance Allegations In Hood's Case
AG Joins Fight To Halt Execution Until Review Of Case
HOUSTON (AP) ―
In an unusual alliance, Texas Attorney General Greg Abbott said Thursday he was joining lawyers for a condemned prisoner in urging allegations of an unethical romantic relationship between the trial judge and prosecutor in the case be reviewed even if it means inmate Charles Dean Hood is not executed as scheduled next week.
"I believe that the unique issues in this case, which involve the impartiality and fairness of his trial, warrant thorough review before his sentence is carried out," Abbott said in a letter to Collin County District Attorney John Roach. "A death sentence is the most serious and solemn act of any state. The impartiality of a defendant's trial and conviction must be beyond reproach."
Hood's lawyers contend the secret relationship they allege between retired trial judge Verla Sue Holland and Roach's predecessor, former District Attorney Tom O'Connell, tainted the 1990 trial where Hood was convicted and condemned for killing a couple at a Plano home.
Holland, who in the mid-1990s served as a judge on the Texas Court of Criminal Appeals, and O'Connell, now in private practice, have declined to address the allegations of engaging in a secret affair.
A state district judge earlier Thursday moved a hearing date to Monday for Hood so that it's no longer scheduled after his execution date Wednesday. And State District Judge Greg Brewer in suburban Dallas, in moving the date, ordered Holland and O'Connell to be ready to be interviewed by lawyers if Brewer agreed the pair should be deposed.
Brewer's decision reversed a decision by another judge, Robert Dry, who had set a similar hearing for two days after the scheduled execution. Dry took himself off the case Wednesday, citing a "previous business relationship" with Holland ex-husband as the reason.
Abbott said his office, although it does not have jurisdiction in the matter at the local court level, would be filing a friend of the court brief with Brewer seeking a review of the allegations.
"Because of the unique nature of the issues in this matter -- and to protect the integrity of the Texas legal system -- we will ask the court to thoroughly review this matter," Abbott said.
He also said the facts of the case were not in question, that Hood's appeals never claimed he was innocent and "there appears to be little doubt that Hood deserves the sentence he was given."
But he said if the execution went forward as scheduled before questions were resolved, "neither the victims nor justice will be served."
Greg Wiercioch, one of Hood's lawyers, called the attorney general's actions "highly highly unusual."
"Obviously, we're pleased the attorney general is doing the right thing, but I think it's important to point out the only reason the attorney general is now asking for a thorough review of this case is because he knows our allegations about a romantic relationship between the judge and district attorney are true.
"I don't think there's any doubt. It's a situation where just three months ago, the state did everything in their power to see Mr. Hood executed, and no one lifted a finger to stop."
Wiercioch also said there was no guarantee Abbott's decision meant Hood's execution set for Wednesday wouldn't take place.
"We may still need help from the governor," he said.
Wiercioch has asked Gov. Rick Perry to issue a 30-day reprieve, which the governor is empowered to do once.
Hood, 39, was scheduled to die June 17 but his lethal injection, which had cleared numerous lengthy last-day appeals to the courts, was aborted by state prison officials after they ran out of time to carry out the execution by midnight.
Hood is a former topless-club bouncer who was 20 when he was arrested in Indiana for the fatal shootings of Tracie Lynn Wallace, 26, an ex-dancer at the club, and her boyfriend, Ronald Williamson, 46, at Williamson's home in Plano in 1989.
Hood has maintained his innocence. He was driving Williamson's $70,000 Cadillac at the time of his arrest. Fingerprint evidence tied him to the murder scene. Hood contended his prints were at Williamson's home because he was living there and that he had permission to drive the car.
Evidence also tied Hood, who had served two years in an Indiana prison for passing bad checks, to the rape of a 15-year-old girl.
Also Thursday, the attorney for another Texas inmate set to die Tuesday, a day before Hood, said the execution won't take place.
Gregory Wright, 42, faced lethal injection for the 1997 fatal stabbing of Donna Duncan Vick, a 52-year-old widow, at her home in DeSoto, about 15 miles south of Dallas. Wright was a homeless man taken in by Vick, who gave him food, shelter and money.
Bruce Anton, Wright's attorney, said the execution date would be delayed so additional DNA testing could be conducted on Wright's clothing that Dallas County prosecutors used at his trial to tie him to the woman's slaying.
He said the trial court judge would be presented Friday with an agreement reached with prosecutors.
"I don't anticipate that there's going to be any problem getting it entered," he said.
"As a practical matter, it's off," he said of the execution.
A second man, John Wade Adams, who also was homeless and a friend of Wright's, also was tried for the woman's slaying and sent to death row. He does not have an execution date.
Vick regularly ministered to the homeless.
At Wright's trial, prosecutors told jurors the two men both participated in the fatal stabbing, then packed up items from inside the house, drove off in her car and traded the loot for crack cocaine.
A day after the slaying, Adams turned himself in to police, directed officers to Vick's home and helped in the recovery of her car. DNA tests of blood on the steering wheel of the car was shown to belong to Wright. His bloody fingerprints also were found on a pillowcase on her bed.
The U.S. Supreme Court in June 2007 refused to review his conviction and sentence.
(© 2008 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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