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)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.