OKLAHOMA CITY (KFOR) – A second convicted felon is asking for a new trial due to a sexual relationship between a former Oklahoma County judge and a prosecutor.
“The court gave him the maximum sentence on each count, which was a total of 35 years,” Robert Gifford said.
Gifford’s client, Aaron Thomas Brock, was convicted of robbery with a dangerous weapon in 2018.
It happened in 2015 at a SW OKC motel. Brock was caught on surveillance cameras robbing the motel at knife-point, while conspiring with the clerk working there.
The judge presiding over the case during trial was Tim Henderson, and one of the prosecutors was an ADA who he admitted to having an affair with for around two years.
While he claims it was consensual, the ADA has said in court document it was not.
Henderson resigned from the bench last March.
“The court then, upon recommendation of the state – of the assistant DA, gave no credit for any time served. So for all the time he sat waiting to go to trial, was not counted toward his time where he received the maximum punishment,” Gifford said.
He believes because of the appearance of bias due to the sexual relationship, Brock deserves a new trial.
“Anybody sitting from a common sense standard would think maybe the judge may have been showing some favoritism to the prosecutor he was having this intimate relationship with,” he said.
In the request filed on Monday, Gifford references a recent recommendation by a Canadian County judge who believes a convicted killer, Robert Hashagen, deserves a new trial because of that sexual relationship.
“We were treated extremely unfairly at trial. At the time, we didn’t know why. I think we have a much better idea of that now,” Benjamin Munda, Hashagen’s attorney, told News 4 last month.
It’s now up to the court of criminal appeals to ultimately determine if Hashagen will get the new trial.
The process is a bit different for Brock though. He simply needs a district judge to set a new trial date.
“I expect an out of county judge will be assigned and we’ll be asking for an out of country state prosecutor, someone not from the same district attorney’s office where this prosecutor came from,” Gifford said.