ABA Journal - Law News Now

Criminal Justice

As Clock Ticks, Defendant Seeks Evidence of Judge’s Alleged Affair

Posted Aug 19, 2008, 05:51 pm CDT
By Martha Neil

Having escaped the death penalty at almost the last minute in June, Charles Dean Hood has a good chance of actually meeting his maker on his next scheduled execution date in September.

However, lawyers for the convicted murderer, who insists he is innocent, are trying an unusual tactic to attempt to win him some more time—and a court ruling on his claim that he didn't get a fair trial, because a prosecutor on the case allegedly was having an affair with the judge presiding over the capital trial. Although no lawsuit has been filed, Hood's lawyers are seeking court permission to depose the now-retired judge and former prosecutor, in an attempt to pursue a possible civil rights claim against them,… Continue reading...

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