The hearing set for today in the Charles Dean Hood saga was cancelled after Mr. Bill Boyd, the attorney for retired Judge Verla Sue Holland, requested that the matter be transferred to federal court.
Mr. Hood's attorneys have filed an application for a writ of habeas corpus and a motion for a stay of execution.
Interestingly enough, the Texas Defender Service released a press release showing that, during her time on the Court of Criminal Appeals, Judge Holland recused herself from 78.6% of the cases that came from Collin County.
Mr. Hood's execution is scheduled for Wednesday. The question of whether or not Mr. Hood lives or dies is now up to Gov. Rick Perry, who has been urged by Texas Attorney General Greg Abbott to issue the stay. Mr. Abbott sent a letter to Mr. John Roach, the current Collin County District Attorney, stating his belief that the issues regarding the alleged affair between Judge Holland and Tom O'Connell "warrant thorough review."
Mr. Abbott also wrote that "if the execution proceeds as scheduled, before questions about the fairness of [Hood's] trial are legally resolved, neither the victims nor justice will be served."
It's time for the governor to do the right thing.