Published: October 11, 2007 11:42 am      

DA removed capital murder case

The Hunt County District Attorney’s office has been dismissed from prosecuting the upcoming capital murder trial of Brandon Dale Woodruff.

Judge Richard A. Beacom said he would be seeking a special prosecutor from the Texas Attorney General’s office to try the case.

While no decision was immediately announced on scheduling, it is likely the trial will be delayed, as Beacom set another pretrial hearing to decide the fate of any pending motions for Oct. 24, the same day jury selection was to begin prior to the scheduled Oct. 31 start of testimony.

Woodruff, 21, has pleaded not guilty and remains in custody at the Hunt County Jail in lieu of $1 million bond on one count of capital murder in connection with the deaths of his parents, Dennis and Norma Woodruff, who were slain inside their home near Royse City. Next Thursday, Oct. 18, is the second anniversary of the date when the couple’s bodies were discovered.

Last week, Assistant District Attorney Noble Walker submitted a motion to the court, arguing Beacom’s recent ruling that Woodruff’s constitutional rights had been violated meant it would be impossible for local prosecutors to continue with the trial. Walker sought to have the office recused from the case and asked for the appointment of a special prosecutor.

Beacom ruled on Sept. 18 that Woodruff’s Sixth Amendment constitutional rights to confidentiality were violated when prosecutors ordered the recording of telephone calls between Woodruff and his defense team and then listened to them.

At that time, Beacom refused to grant a defense motion to disqualify Hunt County District Attorney Duncan Thomas’ office from prosecuting the case. Beacom instead ruled the prosecutors could not use anything they may have found in the recordings against the defendant during the trial.

During the Thursday morning hearing in the 354th District Court, Beacom noted how the prosecution and defense now appeared to be in agreement on the issue.

“In essence, both sides want the district attorney out of the case,” Beacom said, before he ruled to approve the motion to recuse the Hunt County District Attorney’s office.

“The Court will appoint the Attorney General’s Office of the State of Texas as special prosecutor in the case,” Beacom said, adding that he was still awaiting the transcriptions of the jail recordings.

“The attorney general’s office will not contact or correspond with the district attorney’s office, but will correspond directly with the Court,” Beacom said, at least until such time as the transcriptions are completed.

“There are some matters which have been heard and which have been ruled on,” Beacom continued, before he set the hearing for Oct. 24 to “finalize all loose ends or pending orders.”

Defense co-counsel Katherine Ferguson said even with the recusal of the prosecution, Woodruff’s attorneys were not waiving their previous request to dismiss the capital murder indictment outright.

“This also includes the suppression we sought in our earlier motion,” Ferguson said, regarding the recordings.

Beacom reminded Ferguson he had already ruled against the dismissal of the charges and said the evidence taken from the tapes had been suppressed, but that he still wanted the transcriptions completed.

“I just don’t now what that evidence is at this point,” Beacom said.