Death Row Inmate's Court Claim Advances

Sept. 4, 2008— -- A Texas death row inmate who claims the prosecutor and judge in his murder trial had an affair was granted a hearing on the allegations, and the state Attorney General called for a review of the man's case.

Charles Dean Hood says he was denied a fair trial because he claims the judge in his 1989 double murder trial, Verla Sue Holland, was having an affair with the prosecutor, former district attorney Tom O'Connell.

The case has gained national attention, in part because a hearing to decide whether defense lawyers could depose Holland and O'Connell about the reported affair was set for two days after Hood's scheduled execution date.

The judge who scheduled that hearing, Robert Dry, on Wednesday recused himself from the case, citing a prior business relationship with Holland's husband.

On Thursday, Judge Greg Brewer rescheduled the hearing for Sept. 8, two days before Hood is set to be executed, and ordered Holland and O'Connell to be prepared to give depositions at the courthouse that day.

Holland and O'Connell have not spoken publicly about the reported affair and neither has returned calls from ABC News.

Late Thursday, Attorney General Greg Abbott said in a letter to local prosecutors that the state would ask the court to "thorougly review the defendant's claims" before he is executed. The review, Abbot said, was needed to protect the integrity of the legal system.

Hood, 39, was scheduled to be executed in June after the Texas Court of Criminal Appeal rejected a bid to overturn his conviction, saying Hood had raised the issue of the reported affair too late in the appeals process for it to be considered.

After a flurry of last-minute legal filings, the execution was delayed in June because state prison officials said they had run out of time to carry out the execution by the midnight deadline.

His lawyers filed a request last month to question Holland and O'Connell under oath in a civil proceeding as a precursor to a possible civil lawsuit.

Dry scheduled a hearing to decide if Holland and O'Connell can be questioned, but refused to speed up the process to take into account pending Hood's execution.

"It is unlikely that these depositions will lead to civil litigation that will be concluded before the execution of your client," he wrote in a letter to Hood's lawyers.

"In reality, you are exploring a civil lawsuit for the estate of Mr. Hood."

Collin County Assistant District Attorney John Rolater said Hood's lawyers "haven't established the right to derail this at this late hour. They seem to be grossly abusing the system, filing improper motions in improper courts."

A former Collin County assistant district attorney has said in a sworn statement filed earlier this year with Hood's criminal appeal that it was "common knowledge" that Holland and O'Connell had a romantic relationship.

Holland, who is now retired, went on to serve on the Court of Criminal Appeals.

Legal experts have told ABC News that they believe an affair between a trial court judge and prosecutor would be a clear violation of Hood's constitutional right to a fair trial.

In a concurring opinion, four judges on the Court of Criminal Appeals said that information about the reported affair was available years ago, but that Hood's lawyers never raised the issue. They said the affidavit from the former assistant district attorney didn't add significant new information about the reported affair.

Hood was convicted of the 1989 fatal shooting of his boss Ronald Williamson and Williamson's girlfriend, Traci Wallace. Hood was arrested in Indiana a day after the killing. He had Williamson's car, jewelry, camera, wallet, credit cards and clothing on him at the time of the arrest, according to the Texas Attorney General's Office.