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Millionaire Durst Reaches Plea Deal

Judge Removed From Trial

POSTED: Wednesday, September 29, 2004
UPDATED: 4:30 pm CDT September 29, 2004

New York real estate heir and millionaire Robert Durst pleaded guilty Wednesday to bail-jumping and evidence-tampering charges -- a deal that could set him free soon, Local 2 reported. The plea bargain was accepted just hours after an appellate judge removed State District Judge Susan Criss from the case.

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Durst received a five-year prison sentence for the two bond jumping charges and one evidence tampering charge. He'll receive credit for time served.

"I expect that he's not going to serve a whole lot more time, but that's up to how they calculate the credit," said Dick DeGuerin, Durst's defense attorney.

Durst has already served 1,035 days or nearly three years.

"Bob Durst will never be paroled. The parole board, being what it is, governed by politics, they will not parole Bob Durst because (of) the notoriety of the case. And that's just a plain fact in Texas life today," DeGuerin said.

"We felt this was in the best interest of not only Galveston County and the resources that we would spend, but also in the family," said Kurt Sistrunk, a prosecutor.

Criss presided over the November trial when Durst, 61, was found not guilty of intentionally killing 71-year-old Morris Black. Black's relative agreed to the plea agreement.

He has been in jail since November of 2001, after being nabbed in Pennsylvania when he fled following his original arrest.

Defense attorneys had argued that Criss was biased against Durst, citing her statements after the trial and her decision to set his bond at $3 billion. They said five jurors reported Criss was openly critical of their verdict.

Morris Black

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.

Judge Susan Criss In Robert Durst Trial

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.

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