Here’s a trick question. Is there anything wrong with a death penalty jury trial in which the prosecutor trying the case is having an affair while the case is going on with the judge who is trying the case? I know. It looks pretty unfair. It looks pretty sleazy. There really should be something the matter with this, right? Shouldn’t the judge recuse herself? Shouldn’t the case be assigned to a different prosecutor, all for the sake of the appearance of fairness?
But in Texas, ground zero for state killing, there’s no answer to these questions. At least not today Why? Because the majority of the Court of Criminal Appeals, Texas’s highest court that considers criminal appeals, is wagging its finger at the defendant’s lawyers saying that the affair isn’t something that the Court will look at because the defense lawyers waited too long to raise the issue. According to the Court, it’s OK to execute Charles D. Hood whether there was an affair or not because the defense waited too long to raise the question. You cannot make this stuff up.