Defense attorneys for condemned killer Charles Dean Hood are taking the unusual step of using the civil courts to try to subpoena retired Judge Verla Sue Holland and former District Attorney Tom O'Connell Jr. to talk about their alleged romance.

The petition filed Tuesday could result in a civil rights lawsuit alleging "that Judge Holland or Tom O'Connell deprived Charles Hood of his constitutional rights by not revealing this romantic relationship prior to his capital murder trial," defense attorney Greg Wiercioch said.

Mr. Hood was convicted in 1990 of the robbery and slaying of Ronald Williamson and Tracie Lynn Wallace the year before in Plano. He is scheduled to die Sept. 10.

Mr. Hood's defense team has been trying since June to get information about the alleged affair, which they say would have violated Mr. Hood's ability to get a fair trial.

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