This is hard to believe

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Condemned man's hearing moved to before execution


By Michael Graczyk, Associated Press Writer

HOUSTON — A judge on Thursday moved a hearing date
for a condemned inmate so that it's no longer scheduled
for after his execution, giving his lawyers the chance to argue
while he's still alive that the conviction was unfair because
the judge was allegedly having an affair with a prosecutor.

State District Judge Greg Brewer moved the hearing date
for Charles Dean Hood to Monday, two days before Hood
is set to die for the 1989 slaying of a couple in Plano, near Dallas.

The decision reverses a that of another judge, Robert Dry,
who had set a similar hearing for Sept. 12, two days after Hood's execution date.

The hearing will address arguments that Brewer's murder trial
was unfair because of an alleged romantic relationship
between the judge presiding over the trial, Verla Sue Holland,
and former Collin County District Attorney Tom O'Connell.

Brewer ordered Holland, now retired, and O'Connell, now in private practice,
to be ready to be interviewed by lawyers Monday --
if Brewer agrees at Monday's hearing that the pair should be deposed.

Neither has commented on the allegations that they were romantically involved.

Later Thursday, Texas Attorney General Greg 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 of a romantic link between Holland and O'Connell.

"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 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."

Greg Wiercioch, one of Hood's lawyers, called the attorney general's actions
"highly, highly unusual," but said there was no guarantee
they would result in the execution being delayed.

"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.

Judge Dry wrote to the defense last month that he was treating
the request as part of a civil case that could be pursued
after Hood was dead. "In reality, you are exploring a
civil lawsuit for the estate of Mr. Hood," he wrote.

But the defense said the hearing should be held before Hood's execution,
because evidence gathered from taking the depositions of
Holland and O'Connell "may serve as the basis for a
reprieve request to the governor of Texas."

On Wednesday, Dry took himself off the case, citing
a "previous business relationship" with Holland's ex-husband
as the reason.

Hood, 39, was scheduled to die June 17 but his lethal injection,
which had cleared numerous lengthy appeals, was aborted by
state prison officials after they ran out of time to carry out
the execution by midnight.

The former topless-club bouncer was convicted of killing
Tracie Lynn Wallace, 26, an ex-dancer at the club, and
her boyfriend, Ronald Williamson, 46, at Williamson's home.

Hood was driving Williamson's Cadillac at the time of his arrest,
and fingerprint evidence tied him to the murder scene.
But he said he was living at Williamson's home and
had permission to drive the car.

Since fact issues (evidence) are not part of an appeal, his appeals
would have been based on due process. The fact that no mention of
his not being guilty is in the briefs does not automatically abrogate the
possibility of innocence.

All that matters is whether he had a fair trial and not bringing up
allegations of a romantic link between the judge and the prosecutor
until he has been executed is hard to fathom.