By Jim Hannah
The Cincinnati Enquirer

COVINGTON - A Kenton Circuit judge ruled Friday that Brenda Humphrey received a fair trial when she was found guilty of taking part in a Covington woman's killing more than a decade ago.

Humphrey, serving a life sentence, had argued that her affair with now-deceased Circuit Judge James Gilliece had ultimately hurt her chances for a fair trial in 1988, even though Gilliece didn't preside over her case.

"The court concludes that Ms. Humphrey has been the mistress of her own fate," Judge Steven Jaeger wrote in a 27-page judgment.

"She did not reveal the relationship with James Gilliece to trial counsel, and there is no evidence that her trial testimony was in any way influenced by that relationship. Even if the information had been brought forward at trial, the Court concludes the outcome of the trial would have been no different."

Humphrey and Gregory Wilson were convicted for the kidnapping and murder of Deborah Pooley, a Covington woman whose decomposing body was found in a farm field west of Indianapolis two weeks after she disappeared in May 1987.

Even through Jaeger ruled the trial was fair, he wrote a stinging condemnation of Gilliece's behavior, citing several violations of the Code of Judicial Conduct.

"The conduct of James Gilliece demeaned his judicial office and impugned the integrity and independence of the judiciary," Jaeger wrote. "His activities were irresponsible and have now contributed to an erosion of the public's confidence in the judiciary."

Jaeger found Gilliece had a personal and sexual relationship with Humphrey that began in 1985, and continued until Gilliece died in 1993.

"The relationship was marked by sexual encounters in the judge's chamber on the Fifth Floor of the Kenton County Building both before and after Ms. Humphrey's incarceration for the crimes. After Ms. Humphrey's conviction and ultimate imprisonment, the relationship continued by correspondence and was often characterized by Judge Gilliece sending Ms. Humphrey money and other items at prison and jail."

Gilliece wrote more than 280 love letters to Humphrey. Jaeger wrote in his ruling that many of the letters are "sexually explicit, gross and inappropriate."

Jaeger ruled, however, that there was insufficient evidence to convince the court that Gilliece interfered with Humphrey's constitutional right to effective counsel.

"The Court concludes that James Gilliece advised Ms. Humphrey to follow the advice of her lawyer and on many occasions told Ms. Humphrey there was little he could do to help her," Jaeger wrote.

Attorneys for Humphrey had argued their client didn't fully cooperate with her defense attorneys at trial because Gilliece told her on other occasions there was nothing to worry about.

Jaeger said the fact Humphrey was spared the death penalty shows she did have an effective defense.

Humphrey's attorney, public advocate Rebecca Stevens, couldn't be reached Friday afternoon at her office in Eddyville.

Wilson remains in prison in Eddyville.

E-mail jhannah@enquirer.com