Former judge says he was fair in murder case despite past 'sexual conduct' with prosecutor

Former Oklahoma County District Judge Tim Henderson has admitted in a written statement to "sexual conduct" with a prosecutor in his office, in her apartment and in hotel rooms.

He denied, though, that their involvement, which ended in 2018, influenced his rulings in a murder case that went to jury trial this year.

Jurors on Feb. 2 convicted Robert Leon Hashagen III of first-degree murder in the death of a 94-year-old woman during a 2013 burglary. He is seeking a new trial because of the secret "sexual relationship."

"The integrity of the judiciary ... is very much in question here," his attorney, James Lockard, argued at an evidentiary hearing Monday. "We can't have faith that the verdict is a fair one."

The Oklahoma Court of Criminal Appeals in October ordered the evidentiary hearing and will rule on the new trial request after getting a report.

Henderson did not appear at the hearing at the Oklahoma County courthouse but his statement was admitted as an exhibit.

The married judge abruptly resigned and came under investigation after being accused in March of sexual misconduct.

Among his accusers is one of the three prosecutors in the Hashagen case. In a written statement also admitted as an exhibit, she called their involvement sexual abuse.

She said the judge began sexually abusing her in April 2016 and continued until July or August of 2018. She also said he emailed her in 2019 and wrote that he needed to "get over it" since their "relationship" had been over for a year.

At issue in the hearing Monday was what impact the judge's involvement with a prosecutor had on his rulings in the case.

"At all times during the Hashagen case I maintained my role as a neutral and detached judicial officer," Henderson said. "My rulings were fair and supported by the evidence and facts presented by the attorneys."

He said he presided over more than 100 jury trials before resigning.

"None of the jury trials that I have presided over have been reversed for any reason by the Court of Criminal Appeals," he said.

He specifically disputed that the prosecutor accusing him is a victim of sexual assault or sexual abuse. He said their "consensual affair included texts, phone calls, emails and cards" from her. He said it also included "sexual conduct in my office, in her apartment and in hotel rooms secured by and paid for by" her.

Henderson, 63, is a former Edmond police officer, prosecutor and defense attorney. He became a district judge in Oklahoma County in July 2012 and was widely respected.

Agents with the Oklahoma State Bureau of Investigation spoke with multiple accusers and sent reports to a special prosecutor. No charges have been filed.

The special prosecutor is expected to ask the state's next multicounty grand jury to decide if the evidence warrants an indictment.

Hearing ordered over Henderson's involvement with 2nd prosecutor

The Court of Criminal Appeals also has ordered a hearing over Henderson's involvement with another prosecutor in a drug case.

A convicted heroin dealer, Aaron Lamar Fort, complained on appeal that Henderson was clearly not impartial "because he was sexually assaulting or having an affair with the prosecuting attorney in this case."

Fort was convicted at trial last year. The prosecutor in that case has told the OSBI that Henderson made unwanted advances on her last year and made her perform oral sex on him three or four times.

Henderson, through an attorney, also has described that involvement as consensual.

The Oklahoman is not naming either prosecutor because of a policy against identifying alleged sex crime victims in most circumstances.

This article originally appeared on Oklahoman: Former OK judge admits to sexual relationship with prosecutor