A former Oklahoma County judge is expected in court on Monday. Tim Henderson is at the center of a sexual assault investigation that involved state prosecutors as his alleged victims.
Convicted drug dealer Aaron Fort appealed his 2020 conviction and sentence based on the improper sexual relationship between Henderson and the prosecutor had prior to his trial. The Oklahoma Court of Criminal Appeals ordered an evidentiary hearing to be held Monday morning at the Oklahoma County Courthouse.
The hearing will lay out evidence of Henderson and an Oklahoma County prosecutor's sexual relationship and if it biased the former judge's decisions in Fort's trial. Fort was sentenced in Henderson's courtroom to 23 years in prison for his role in a heroin trafficking case.
In a brief filed by Fort's attorneys, it stated, "the alleged relationship violated Fort's due process rights to an impartial judge." It also stated Henderson violated the state's Judicial Code of Ethics.
Fort's appeal was not the first one to go back to court.
Last November attorneys for convicted murderer Robert Hashagen questioned witnesses about Henderson and another prosecutor's sexual relationship. Neither party denied a sexual relationship existed, but the prosecutor claimed she was sexually abused.
“It appears from those stipulations the two of them disagree if the relationship was consensual,” said Clay Curtis, defense attorney.
Curtis defended Hashagen in his murder trial last year. He and other defense attorneys were not surprised another person convicted in Henderson's courtroom wants a new trial.
“We’re looking at a multitude of post-conviction appeals filed both on jury trials, non-jury trial and pleas in court,” said Irven Box, defense attorney.
Henderson has not been charged on the allegations and has commented through his attorney that all the relationships were consensual.