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| Judge Orders Retrial or Freedom for Inmate |
| By Associated Press |
| Published: 11/15/2002 |
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A federal judge ordered that a man sentenced to life in prison for killing two college students in 1969 be granted a new trial by Nov. 21 or be set free. Clyde Durbin Jr., now 55, was convicted in the death of John Albert White, 21, and accepted a plea deal with prosecutors in the death of Keitha Morris, 19. He confessed to beating and killing the couple, who were on a picnic at the time, telling police he pulled out a pistol, demanded money and was struggling with White when the gun went off. He said he took Morris to Burnet County, where she was found drowned in a lake. In return for prosecutors not seeking the death penalty, Durbin agreed to a life sentence and prosecutors agreed -- though not in writing -- to refrain from protesting when Durbin became eligible for parole. Travis County officials, however, filed repeated objections to Durbin's release from prison, saying they were unaware of the oral agreement. U.S. District Judge Sam Sparks on Tuesday gave Durbin the right to withdraw his plea, which meant the state would have to retry him or let him go. 'Further imprisonment for an unconstitutional conviction is a substantial injury,' Sparks wrote in an order Tuesday, 'and the fact that Durbin has already been in prison for over 30 years hurts, instead of helps, the (state's) argument.' The state is appealing the judge's decision. Defense attorney David L. Botsford said he expects Durbin to be returned to Burnet County, where he would face murder charges in Morris' death. He said he hoped the case would be resolved in 'an amicable manner.' |
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