Millionaire Durst Reaches Plea Deal
Judge Removed From Trial
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Retired appellate Judge Jackson Smith on Wednesday granted a defense motion to remove Criss and said he would take over the case. There was no comment in his ruling, and he declined comment on his decision afterward."There were a number of things that culminated in the motion to recuse. But probably the first clue was a $3 billion bail, and I was afraid that Judge Criss had lost her impartiality," DeGuerin said. At a hearing before Smith Wednesday, Durst's attorneys also pointed her rejection of a plea deal related to the evidence-tampering and bond-jumping cases because it was "too light," even though prosec utors and defense attorneys had agreed on a five-year sentence. Smith also heard testimony from three officials with the Galveston County Sheriff's Department who said Criss informed them about information she had received about possible problems with the jury. "She told me she had some concerns about the integrity of the trial and concerns about possible jury tampering," said Fred Poor, chief deputy with the sheriff's department. As a result of the meeting in December with Criss, investigators learned that juror Chris Lovell had visited Durst in jail. As part of their probe, investigators taped two jailhouse conversations between the two men in early January. Capt. B.J. Miller said no criminal conduct between Durst and Lovell was revealed from the taped conversations. When asked if Criss was the source of the information that began the investigation, Miller said yes but that investigators would have looked into the matter if anyone had informed them. "But the fact is you didn't get the information from just anybody. You got it from Judge Criss," DeGuerin said. The five jurors who had complained about Criss were set to testify on behalf of Durst on Wednesday. But after a short recess, DeGuerin rested his case and prosecutors had no witnesses.
After the ruling, Criss released the following statement:"He called it the way he saw it, just like I call it the way I see it. I feel fine and wouldn't do anything differently." Jury selection in Durst's trial on the bond jumping and evidence tampering charges was set to begin Oct. 12. Durst testified during his trial he accidentally shot Black in September 2001 as they struggled for a gun in Durst's apartment. A jury acquitted him after more than 26 hours of deliberations spread over five days. He contended he panicked, cut up the body and dumped the pieces in Galveston Bay. Black's remains, except for his head, were recovered. Durst left Galveston, about 50 miles southeast of Houston, but returned and was arrested in October 2001. He posted bond and ran again, then was caught a month later in Pennsylvania. His family runs The Durst Organization, a privately held billion-dollar New York real estate company.Durst faced up to 10 years in prison and a $10,000 fine if he was convicted of the bail-jumping and evidence-tampering charges. - September 27, 2004: Millionaire Durst Says Judge Is Biased
- September 23, 2004: Judge Denies Durst Plea Deal
June 2, 2004: Appeals Court: $3 Billion Bail In Durst Case Unconstitutional
March 4, 2004: 2 Durst Jurors React To TV Show's Depiction Of Trial
December 3, 2003: Durst Bail-Jumping Bond Set At $2 Billion
November 21, 2003: Bond Hearing Set For Millionaire Durst
November 13, 2003: Durst's Ex-Wife's Friend Not Surprised By Verdict
November 12, 2003: Jurors Clear Millionaire In Murder Trial
November 6, 2003: Country Captivated By Millionaire Murder Trial
November 5, 2003: Jurors Deliberate Millionaire Murder Trial
October 30, 2003: Witness: Durst's Neighbor Was Volatile, Unbalanced
October 28, 2003: Prosecutors: Durst Wanted To Steal Victim's Identity
October 27, 2003: Millionaire Asked About Dismemberment In Murder Trial
October 23, 2003: Durst Describes How Alleged Victim Died
October 22, 2003: Millionaire Takes Stand In Murder Trial
October 13, 2003: Victim's Sister Testifies In Durst Trial
October 7, 2003: Victim Described As Mean In Millionaire's Murder Trial
October 2, 2003: Durst Trial Medical Examiner Discusses Autopsy
October 1, 2003: Prosecutors Focus On Durst Murder Scene
September 30, 2003: State-Called Experts Testify At Durst Trial
September 29, 2003: Eccentric Millionaire's Namesake Appears In Court
September 26, 2003: Best Friend Suspects Durst Killed Wife
September 23, 2003: Testimony Begins In Durst Case
September 22, 2003: Eccentric Millionaire's Murder Trial Begins
August 27, 2003: Durst Murder Trial Jury Selection Begins
August 25, 2003: Murder Trial To Begin For Man Disguised As Woman
October 26, 2001: Fugitive's Bond To Be Set At $1 Billion
October 16, 2001: Multi-Million Dollar Heir On The Run
Copyright 2005 by Click2Houston.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.







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