Published on: Friday, July 14, 2023

An Oklahoma appeals court on Thursday threw out a first-degree murder conviction because of a sexual relationship between the judge and a prosecutor in the case (article available here).

In a 3-2 decision, the Oklahoma Court of Criminal Appeals ordered a new trial for defendant Robert Leon Hashagen III, who was sentenced to life in prison after being convicted of first-degree murder in 2021. Hashagen’s attorneys later appealed after new evidence emerged of an undisclosed sexual relationship between the trial court judge, Timothy Henderson, and one of the prosecutors in the case, Oklahoma County Assistant District Attorney K.C.

The majority opinion found that “the undisclosed relationship violated Hashagen’s due process rights.”

Henderson resigned in March 2021 after three female attorneys came forward with allegations of sexual misconduct against him.

Henderson was never charged and has described the sexual involvement with two of the women as consensual.