Skip to main content

Texas: prosecutor's intimacy may affect more than a single death row case

Recent confirmation of a long-rumored romance between a former Collin County district attorney and a former judge could lead to allegations of unfair trials in hundreds of cases, but legal experts differ over what should happen next.

In court depositions sought by attorneys trying to get a new trial for death row convict Charles Dean Hood, Judge Verla Sue Holland and prosecutor Tom O'Connell reportedly admitted to a years-long affair that Mr. Hood's attorneys say prevented him from getting a fair trial in 1990.

At least one other man, Timothy David Nixon, was found guilty of murder while Judge Holland was on the bench and Mr. O'Connell tried the case. He was sentenced to 99 years in prison for allegedly killing his mother.

Some legal ethicists say prosecutors have a responsibility to identify cases from the years the two held office and ensure that the convicted have their day in court. Others doubt that is the prosecutors' role.

"They do have a proactive responsibility," argues Robert Schuwerk, a University of Houston law professor who co-wrote the Handbook of Texas Lawyer and Judicial Ethics.

"The principal duty of a prosecutor under our system is not to convict but to see that justice is done," he said. "I would think that a prosecutor has the duty to either bring those cases forward or, at the very least, cooperate in establishing which cases were affected by this behavior."

Others say it is a defense responsibility to raise issues about the validity of a conviction.

Collin County Assistant District Attorney John Rolater says it is his duty to see "that justice is done," but the chief of the county's appellate division declined to comment on whether the county will proactively identify cases that might have been affected by the relationship between the judge and prosecutor.

Normal procedure

It's "uncharted territory," said Rob Kepple, executive director of the Texas District and County Attorneys Association. "I'm at a loss to answer that."

Prosecutors "normally wait for a defendant or someone else to raise these questions," he said. And, he added, prosecutors "want to see where the injury is, where the harm is. We want someone to spell it out for us. ... If the defendant can link that up and show me something in the record, I guess we can talk about it."

Texas Attorney General Greg Abbott who stepped in days before Mr. Hood's most recent execution date to urge an investigation into the relationship said he would have "to know more background facts, what exactly happened, when did it happen" in each case before deciding whether a review was warranted.

So far, Mr. Hood's defense team has not cited any specific example of unfair treatment during his trial. In a petition filed Thursday, the defense wrote that the relationship, which included professions of love and sexual encounters, "created an appearance of impropriety and an impression of possible bias" requiring automatic reversal of his conviction and sentence.

According to the writ, Judge Holland said it was "absolutely not" improper for her to have presided over Mr. Hood's trial while Mr. O'Connell prosecuted it. She told attorneys that the romantic relationship began in 1982 and ended in 1987, before Mr. Hood's arrest and trial.

Mr. O'Connell told attorneys that it began around 1984 or 1985 and continued until 1989 or later. Even after the romance ended, they remained close friends, and in 1991 traveled to New Mexico and Missouri together.

Neither the trial court nor the Texas Court of Criminal Appeals has ruled on the writ.

As a death row inmate, Mr. Hood has had an army of attorneys, including state-paid appellate attorneys and pro bono attorneys, to champion his cause.

But many convicts, like Mr. Nixon, may not even be aware of the relationship and that it could affect their cases. Unlike Mr. Hood, most don't have attorneys to investigate the issue. Mr. Nixon, who remains in prison, could not be reached for comment.

The number of cases that could be affected is unknown.

"It's premature at this point to confidently say that all these cases are going to be affected," said Mitch Nolte, president of the Collin County Criminal Defense Lawyers Association. "There's been no ruling on this case. ... And so, in legal terms, the issue's just not fully ripe."

Though difficult, it would not be impossible to identify the cases, said Tim Wyatt, public information officer for Collin County. "But no one to my knowledge has been asked to do it," he said.

The number of cases Judge Holland heard in her 15 years as a state district judge and while Mr. O'Connell was district attorney could number in the hundreds. But veteran attorney Keith Hampton, second vice president of the Texas Association of Criminal Defense Attorneys, expects the number of cases that could have been affected to be "relatively few."

"The devil is going to be in the details," Mr. Hampton said.

Most cases pled out

The vast majority of criminal cases are disposed of through plea bargains, he explained, and if the judge served primarily in an administrative role in those cases, he doubts there will be any issue to raise.

In addition, most elected district attorneys rarely appear in court, so the number of cases with direct participation by both Judge Holland and Mr. O'Connell is probably small. Finally, defendants are not entitled to a court-appointed attorney to raise the issue, and raising it on their own is a long shot.

Mr. Hampton said he does not expect a blanket order from either the district attorney or a court to cover all cases potentially affected by the relationship. Instead, "they're going to have to do this one case at a time."

But Lawrence Fox, former chair of the American Bar Association Ethics Committee, said sweeping steps may be necessary to preserve confidence in Texas' criminal justice system. Not only does he think the district attorney is obligated to bring the cases to the attention of the court, he suggested that the state should provide attorneys for defendants to challenge their convictions.

"I would hope that, under these circumstances, the state would recognize a special obligation to these people, because, remember, it was two state officers who did all this.

"You would hope somebody would say the system of justice has a black eye right now, and one way to remove it is to make sure these people who are in a prison get counsel to deal with these issues," he said.

If that doesn't happen, Mr. Fox hopes local attorneys will step up to provide free services.

"There's so much at stake for the individual," he said, "but there's so much at stake for the system."

Source: Dallas Morning News

Comments

Most viewed (Last 7 days)

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Iran Crackdown on Christians Intensifies, Ministry Reports Dozens Killed and Hundreds Detained

September 3, 2026: A widening crackdown on Christians in Iran has reportedly resulted in the deaths of at least 33 Christian ministers and the detention of more than 130 others in recent months, according to Iran Alive Ministries, a Texas-based organisation supporting underground house churches in the country. Hormoz Shariat, founder of Iran Alive Ministries, told Baptist Press that at least 33 Christian ministers associated with the ministry had been killed amid intensified government pressure on Christians linked to the underground church movement.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.