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Judge-Prosecutor Sexual Relationship Leads to Retrial for Murder Defendant
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Oklahoma’s highest criminal court has recently rendered a significant decision, granting a new trial to a murder defendant convicted in 2021. The basis for this ruling was the revelation that the presiding judge and one of the prosecutors involved in the case had previously been engaged in a sexual relationship.

In a 3-2 summary opinion issued on July 13, the Oklahoma Court of Criminal Appeals ruled in favor of defendant Robert Leon Hashagen III, citing the existence of the judge-prosecutor relationship as grounds for a retrial. The case has garnered attention from prominent media outlets such as The Associated Press, The Washington Post, and Law & Crime.

Hashagen had been convicted of murder in relation to the death of a 94-year-old woman during a burglary that occurred in 2013. As a result, he had been sentenced to life imprisonment. However, the recent court ruling has questioned his conviction’s validity.

  
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Judge Timothy R. Henderson, who presided over the case, admitted to a consensual “sexual conduct” with the prosecutor involved. Notably, this relationship had ended before the trial took place, and Judge Henderson asserted that it did not impact his judicial decisions. In the court’s decision, the prosecutor was identified only as “K.C.”

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According to a judge who made factual findings in the case, the sexual relationship between Judge Henderson and the prosecutor spanned from April 2016 to the summer of 2018. The undisclosed nature of this relationship led the appeals court to conclude that Hashagen was denied a fundamentally fair trial, creating the potential for bias.

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Subsequent to the case, Judge Henderson resigned from his judgeship in the spring of 2021, following allegations of sexual misconduct made by the prosecutor involved and two other lawyers, as reported by Law & Crime. While acknowledging his involvement in a sexual relationship with two prosecutors, Judge Henderson maintained that it was consensual. The allegations did not result in criminal charges, as a special prosecutor declined to pursue them.

The Oklahoma Court of Criminal Appeals’ decision to grant a new trial to Hashagen highlights the significance placed on preserving the integrity of the judicial process and ensuring fair trials. The court recognized that the undisclosed relationship between the judge and prosecutor created an environment in which the defendant’s right to a fair trial was compromised.



The implications of this ruling reach beyond the individual case, setting a precedent that emphasizes the importance of transparency and impartiality within the legal system. The decision underscores the need for judges and prosecutors to uphold the highest standards of conduct and avoid any actions or relationships that may cast doubt on the fairness of the proceedings.

As the case progresses, it will undoubtedly continue to generate public interest and scrutiny. The outcome of the retrial will have far-reaching implications for both the defendant and the legal community at large.

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