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Ethics

: Legal Ethics Forum

Letter from Former Judges and Prosecutors to Texas Governor Perry

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A very impressive group of former judges and prosecutors has asked Texas Governor Rick Perry to delay Charles Hood's execution so that a full hearing can take place to determine whether the prosecutor in Hood's case was secretly sleeping with the judge at the time of trial.  You can find the letter here.

UPDATE:  The judge who was assigned to hear this matter and who originally ordered a hearing for two days after Mr. Hood's execution recused himself this afternoon on the grounds that he had a business relationship with the ex-husband of the former judge at issue.  It is becoming quite clear that nobody in the judicial system in this part of Texas wants to address the merits of Mr. Hood's allegations.  Let's hope that Governor Perry delays the execution so that a fair hearing can take place.

Second Update: Fortunately, the new judge assigned to this matter has scheduled a hearing for Monday, September 8, which is two days before Mr. Hood's execution date.  The prosecutor and judge who are at the center of the controversy have been ordered to appear, and their depositions may be taken at the courthouse following the hearing on Monday.  The judge also has ordered the production of various documents that might prove the existence of a romantic relationship between the judge and prosecutor at the time of trial.  The order is here.

Third Update: The Texas Attorney General has indicated that he believes that Mr. Hood's execution should be delayed pending an investigation of the alleged affair.  The decision to delay the execution, however, lies with the Governor.  The New York Times is covering the story here. 

Fourth Update (9/8): This document contains even more evidence of the secret affair, including remarkable data about the judge's 80% recusal rate on cases coming from this particular district attorney's office.

Full post as published by Legal Ethics Forum on September 03, 2008 (boomark / email).

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