Authors: Gary M. Lavergne

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

Bad Boy From Rosebud (22 page)

Page 75


distance away when he turned and assumed a fighting stance. RELEASEE walked to the edge of the building where two black males were waiting with large pieces of debris in their hand. RELEASEE turned and went to the car where RELEASEE retrieved a knife. With the knife at his side RELEASEE asked the two males what did they have in mind. ¹⁷

Had he stopped there, McDuff's testimony might have had some credibility. He admitted to an exchange with the young boys and that he had held his knife in the altercation. But Kenneth McDuff could not help himself; he had to pontificate, and in the process revealed the depths of his racism. The record continues:


Everywhere people go blacks intimidate whites. . . . At this point in the testimony RELEASEE's attorney had to shout at RELEASEE in order to stop him from testifying. RELEASEE had begun to make assertions as to how different racial groups react in social situations and how RELEASEE was intimidated by blacks.

Under cross-examination, Kenneth's joy at being a tough, old-time ex-con came back to undercut his testimony. He readily admitted that he would never have complained to the police because he was raised to take care of his own business. Further, he grew up in prison and had learned to take care of himself. Essentially, he admitted that at almost 6'4" tall, and weighing 245 pounds, he had no real fear of a few high school boys.
¹⁸

The hearing ended at 1:10
P.M.
Based on the testimony of Robert McBee, the officer concluded that Kenneth had violated Rule #2 of the conditions of his parole, making a terroristic threat, placing a high school student from Rosebud in fear of imminent serious bodily injury. The hearing officer and the field officer agreed to a recommendation for the revocation of Kenneth's parole.
¹⁹

On October 11, 1990, Kenneth McDuff returned to the state prison system, exactly one year after he had been released. At the same time, however, several forces were already working toward the reinstatement of his parole. According to an undated paper in the Austin Police Department case file on McDuff, on October 23 Gary Jackson submitted a motion

Page 76

to reopen Kenneth's parole revocation hearing and wrote a letter to Parole Board Chairman James Granberry requesting that the revocation be set aside. In an interview with Robert Riggs, Granberry claimed never to have seen the letter, which began with "Dear Jim" and reportedly asserted that McDuff's continued imprisonment was not benefiting the prison system, the parole system, McDuff, or anyone else. When handed a copy of the letter, Granberry stated that it looked like the letter was forwarded to Bettie Wells, a parole division staff attorney.
²⁰

On December 6, 1990, Bettie Wells made an administrative decision to reinstate Kenneth McDuff's parole. As Gary Cartwright pointed out in
Texas Monthly,
there was no hearing, no testimony, and no advocacy of any kind. Almost two years later, Bettie Wells testified before a Senate Committee investigating the entire McDuff saga: "In reviewing the information that was presented to me, based upon the criteria, the rules and procedures and operating procedures that we were operating under at the time, he fit the category for the person who would be qualified to be reinstated [on parole], and that's what I went by." She added that McDuff had been accused of making a terroristic threat, but his accusers never showed up at the hearing. Moreover, after Judge Ellen Roberts withdrew her complaint, if any charges were ever filed against Kenneth through the Falls County Sheriff's Office, they were dropped after witnesses refused to testify.
²¹

At the time of the Wells decision, the impact of federal Judge William Wayne Justice's seizure of Texas prisons had reached its zenith. So had the unwillingness of Texans to address prison overcrowding through capital outlays. In 1990, McDuff was but one of 56,442 convicts set free while the parole rate reached an all-time high of seventy-nine percent. State government continued to act in a way that supported a belief that parole was a painless way to meet Judge Justice's demands and avoid his fines.

On December 18, 1990, Kenneth Allen McDuff walked out of prisonagain.
²²

Page 77

Image not available.

McDuff, October 1990,
when he was returned to
prison for making a
terrorist threat. He was
released two months later.
Author's Collection.

<><><><><><><><><><><><>

1 Bill Miller.

2 Texas DPS Files:
Report of Investigation,
by John Aycock, April 23, 1992; Texas Department of Criminal Justice [TDCJ] Files:
Kenneth Allen McDuff, Synopsis,
compiled by John Moriarty, pg. 1;
Temple Daily Telegram,
October 15, 1989;
Austin American-Statesman,
April 30, 1992; Confidential Sources.

3 County of Bastrop:
Statement of [Angela],
September 3, 1992; APD Files:
Incident Report,
by J. W. Thompson, September 12, 1992.

4 Texas Board of Pardons and Paroles:
Certificate of Parole,
Kenneth Allen McDuff, #227123, October 9, 1989; TDCJ Files:
Kenneth Allen McDuff, Synopsis,
compiled by John Moriarty, pg. 1; Confidential Document; Texas DPS Files:
Report of Investigation,
by John Aycock, March 20, 1992.

5 TDCJ Files:
Kenneth Allen McDuff, Synopsis,
compiled by John Moriarty, pg. 2; Kenneth Allen McDuff; Confidential Document.

6 BCSO Files: Kenneth McDuff Case File Tapes, 1992;
State of Texas v Kenneth Allen McDuff,
SOF in Cause #643820, Volume 2, pg. 163; Confidential Documents.

Other books

Alpha Pack 7 - Chase the Darkness by J.D. Tyler

The Last Dragonslayer by Jasper Fforde

The Zombie in the Basement by Giangregorio, Anthony

Redemption Song by Murray, Melodie

The Curvy Sister (A BBW Erotic Romance) by Bell, Jordan

THUGLIT Issue Two by Willoughby, Buster, Tomlinson, Katherine, Porter, Justin, MacLean, Mike, Lambe, Patrick J., Fitch, Mark E., Korpon, Nik, Conley, Jen

Revenant by Allan Leverone

The Liar Society by Lisa Roecker

Refiner's Fire by Mark Helprin

Werelord Thal: A Renaissance Werewolf Tale by Tracy Falbe