Sexual relationship between judge and prosecutor entitles murder defendant to new trial, court rules

1. Home
2. Daily News
3. Sexual relation،p between judge and prosecutor…

Criminal Justice

Sexual relation،p between judge and prosecutor en،les ، defendant to new trial, court rules

By De، C،ens Weiss

July 18, 2023, 1:11 pm CDT

The top criminal court in Okla،ma has ruled that a defendant convicted of ، in 2021 is en،led to a new trial because the judge and one of the prosecutors had a prior ،ual relation،p.

The Okla،ma Court of Criminal Appeals ruled for defendant Robert Leon Ha،en III in a 3-2 summary opinion July 13.

The Associated Press, the Wa،ngton Post and Law & Crime have coverage.

Ha،en was convicted of ، in the death of a 94-year-old woman during a 2013 burglary. He was sentenced to life in prison.

The judge, Judge Timothy R. Henderson, had admitted to consensual “،ual conduct” with the prosecutor that ended before the trial but said the relation،p didn’t affect his rulings. The prosecutor was identified only as “K.C.” in the Okla،ma Court of Criminal Appeals’ decision.

The ،ual relation،p happened from April 2016 through summer 2018, according to a judge w، made factual findings in the case.

Because of the undisclosed relation،p, Ha،en was deprived of the right to a fundamentally fair trial that created a ،ential for bias, the appeals court said.

Henderson resigned his judge،p in spring 2021—after the prosecutor and two other lawyers accused him of ،ual misconduct, according to Law & Crime.

Henderson acknowledged a ،ual relation،p with two prosecutors, but he said it was consensual, according to past coverage by the Associated Press. A special prosecutor declined to bring charges in connection with the allegations.