Read Bad Boy From Rosebud Online

Authors: Gary M. Lavergne

Tags: #Biography & Autobiography, #General, #Law, #True Crime, #Murder, #test

Bad Boy From Rosebud (18 page)

 
Page 65
On September 1, 1989, Kenneth McDuff made a fifteenth request for parole. The three-member panel reviewing the case consisted of Cora Mosely, Dr. James Granberry, and Chris Mealy. It is not likely that Copitka's call to Mosely had an influence on her vote; incredibly, Mosely later admitted that she probably did not look at McDuff's file before voting. At the time, Granberry served as the chairman of the parole board. Governor Bill Clements had appointed him to the influential position, for which he had no apparent formal training. Granberry was an orthodontist who had also served as mayor of Lubbock and was very active in political campaigns. When reporter Robert Riggs of WFAA-TV News in Dallas interviewed him, Granberry asserted that he had looked very carefully at McDuff's file and noticed the name of an old high school buddyMcDuff's lawyer, Gary Jackson.
31
James Granberry and Gary Jackson grew up together in the little town of Lindale, near Tyler, Texas. By his own admission, Granberry called Jackson to inquire about the McDuff case. According to Granberry, Jackson spoke to him for about two hours about McDuff, asserting McDuff's innocence. Within a day or so, Granberry wrote an internal memo which read, in part, "I wish to abstain from voting due to a long-standing friendship with the attorney representing Mr. McDuff's parole procedure." Another board member named Henry Keene took Granberry's place on the panel.
32
Officially, on September 1, 1989, Cora Mosely and Chris Mealy voted to approve the parole; Henry Keene voted to deny. The approval had been complicated, however, by protests from the Tarrant County District Attorney, Tim Curry, and the Brazoria County District Attorney, Jim Mapel. This led to a re-examination of the McDuff application.
33
The new three-member panel consisted of Chris Mealy and Henry Keene, neither of whom changed his vote, and Dr. James Granberry, who only two weeks earlier had abstained from voting on the same request. Granberry cast the deciding vote. On September 14, 1989, slightly less than twenty-three years after being convicted of the Broomstick Murders, Kenneth Allen McDuff had been granted parole. On September 24, he was transferred to the Michael Unit for processing out of the prison system. By October 5, McDuff's parole certificate had been issued, and on October 11, 1989, he walked out.
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Page 66
VI
McDuff's release from prison appeared to provide a boost in activities related to Justice for McDuff, Inc. According to its president, Albert C. Shore, a former executive with Fox Television, and someone who convincingly maintained he had no other ties to McDuff or his family, the corporation was formed in order to protect the McDuff Project from copyright infringement. The Jacksons had recruited Shore because of his expertise in the marketing field.
35
In a letter from Gloria Jackson to Shore, dated January 28, 1991, Jackson attached a letter that was a response to Joseph D. Tarwater, the marketing director of the United Screenwriters Production Partners (USPP) of Euless, Texas. It was a counterproposal to USPP for the development of a screenplay about the McDuff story. In the letter, Jackson indicated that the goal of Justice for McDuff, Inc. was to rectify a miscarriage of justice. Towards that end, the principals of the corporation (which apparently amounted to Gary and Gloria Jackson) had already expended a great deal of time and energy documenting the McDuff saga and securing the copyright to a preliminary treatment of the story. Jackson proposed a 60/40 split with USPP.
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Gloria Jackson's counterproposal also insisted on an extraordinary artistic control over the project, including the retention of music rights and the selection of music for the soundtrack, the selection of creative talent, and a veto to assure "fidelity to the objective."
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Kenneth himself served the corporation as its vice president. Gary Jackson also recruited two other officers named Joe and Ellen Ellard. Joe served as another vice president; Ellen served as the secretary-treasurer. According to a report filed by federal investigators of an interview with the Ellards, the couple appeared to be utterly convinced of a conspiracy against Kenneth, as described by the Jacksons. Mr. Ellard indicated that he and Gary Jackson had visited Kenneth in prison in early 1989. The Ellards described Kenneth as intelligent, well-mannered, and an individual who was a lady's man. Moreover, they asserted, Kenneth only dated nice girls and never did drugs.
38
Justice for McDuff, Inc. was the business equivalent of Addie McDuff. The business people involved in the project accepted Kenneth's account of his criminal past, and attributed his troubles to conspiracies. On January 28, 1991, Gloria Jackson wrote a letter to Kenneth stating, in part:
 
Page 67
"My impression is that Mr. Jackson is truly interested in your success. . . . He expects your native ability, perseverance, and determination to give you an advantage many ex-convicts lack."
39
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1 Wayne Appelt; Charles Meyer;
Austin American-Statesman,
April 1, 1990, January 31, 1991, and December 12, 1992.
2 Ibid.
3
Austin American-Statesman,
May 3, 1992; Bob Ozer quoted in
Austin American-Statesman,
March 2, 1989.
4 Allen Hightower quoted in
Austin American-Statesman,
June 4, 1991.
5
Austin American-Statesman,
May 3, 1992.
6 WFAA-TV News, Dallas, Texas, investigative reports by Robert Riggs. Tapes of the reports were kindly provided to me by Lori Bible of Round Rock, Texas. Hereafter cited as WFAA-TV News.
7 APD Files: Unidentified fax from TDCJ Pardons and Paroles Division, April 23, 1992; Bill Habern and Gary J. Cohen,
A History of Parole, Mandatory Supervision and Good Time,
Texas Criminal Defense Lawvers' Association Website. Hereafter cited as TCDLA website followed by a page number.
8 TCDLA website, pg. 3; APD Files: Unidentified fax from TDCJ Pardons and Paroles Division, April 23, 1992.
9 Kenneth McDuff quoted by Glenn Heckmann in
Austin American-Statesman,
July 19, 1992.
10 APD Files: Unidentified fax from TDCJ Pardons and Paroles Division, April 23, 1992;
Austin American-Statesman,
July 19, 1992;
State of Texas v Kenneth Allen McDuff,
SOF in Cause #93-2139, State's Exhibit #150; TDCJ Files:
Kenneth Allen McDuff, Synopsis,
compiled by John Moriarty, pg. 1.
11 APD Files: Unidentified fax from TDCJ Pardons and Paroles Division, April 23, 1992.
12 Alva Hank Worley is quoted from a taped interview with Dr. Matt Ferrara. The tape is part of the APD Files. The case file has other taped interrogations of Alva Hank Worley. They will be cited as "APD Files: Interview of Alva Hank Worley" followed by the date. This citation includes an interview of April 30, 1992.

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