Judge's Alleged Affair Leads To Overturning Of Murder Conviction

A convicted killer is getting a new trial. Robert Hashagen’s sentence was reversed today, after a court decided he had an unfair trial due to a relationship between the judge and prosecutor.

“He's now presumed innocent once again and he gets to start this journey over again,” said Clay Curtis, Hashagen’s attorney.

In a 3-2 vote Thursday, the criminal court of appeals voted to reverse convicted murderer Robert Hashaen’s sentence. He was sentenced in 2021 to life in prison for burglary and first degree murder.

Hashagen was a law officer that was convicted of the 2013 burglary and beating death of his neighbor 94-year-old Evelyn Goodall.

That conviction was questioned by Hashagen’s attorney, Clay Curtis when an extramarital affair between the judge and prosecutor on the case came to light.

“Judge Henderson was allegedly involved in a sexual relationship with members of the Oklahoma County District Attorney's office,” said Curtis.

Judge Tim Henderson resigned in March 2021, after three female attorneys accused him of sexual misconduct.

“The only proposition the court ruled on today was the relationship between the prosecutor and the judge,” said Curtis.

While several of Judge Henderson's other cases have been questioned, Hashagen’s sentence is the first to be reversed.

“Obviously there were hundreds, if not thousands, of people that appeared before Judge Henderson that did not know he had relationships with the DA's office,” said Curtis. “A lot of things about the nature of that relationship that we believe inherently affected the fairness of that trial.”

With a new administration under District Attorney Vicky Behenna, and a new presiding judge, Curtis is hoping to get a fair trial for his client this time around.

“It was a violation of due process and that relationship tainted the results of the trial, there was an unnecessary risk of bias,” said Curtis.

The OSBI found no evidence of sexual misconduct between Judge Henderson and the three women that accused him, and Henderson was never charged.

A date has not been set for the start of Hashagen’s new trial.