HBO's 'The Jinx' Records a Bathroom Confession

Houston, TX -- (ReleaseWire) -- 03/25/2015 -- HBO's true crime documentary, 'The Jinx,' caught its protagonist, Robert Durst, muttering something that very much sounds like a murder confession from the inside of a bathroom. The murmurs were caught by a live microphone, and were broadcast in the HBO documentary, shocking many with the words, "What the hell did I do? I killed them all."

Durst Long-time Suspect of Multiple Murder Cases

The confession made by Durst was unexpected, but it wasn't out of place—in fact, Durst, the son of one of the New York's most affluent families, was acquitted of the murder and dismemberment of his neighbor in 2001, despite a confession, by convincing the jury that the death had been accidental. In addition to the 2001 acquittal, Durst was also suspected of the disappearance of his first wife, Kathie McCormack, who went missing in 1982, although Durst was never charged in connection to it. According to news sources, McCormack had reported physical abuse by Durst to friends and family prior to her disappearance. And, Durst was also the suspect in the death of one of his long-time friends and confidants, Susan Berman, when she was fatally shot in 2000. The murder occurred right before Berman was allegedly planning on talking to the police about the disappearance of Durst's first wife.

Durst Arrested in March of 2015

Nearly 15 years after the murder of Berman and Durst's neighbor, Morris Black, and more than 30 years after the disappearance of his wife, Durst was arrested by authorities on Saturday, March 14, 2015 at the Marriot Hotel in New Orleans. Durst had been staying under a false name, was carrying fake documents, and was in possession of a .38 caliber revolver with plans to escape to Cuba. Durst was arrested in connected to Susan Berman's death. Durst's homicide defense attorney, as reported by CNN, has stated that Durst did not kill Berman, and is ready once-and-for-all to "end all the rumor and speculation and have a trial."

Read more about homicide charges and penalties in Texas here:
http://www.houstoncriminaldefenselawyers.com/homicide-defense/

Will Durst's confession be admissible in court?

Some legal experts are raising the question as to whether or not Durst's confession caught on microphone, stating that he "killed them all," will be admissible in court as the confession occurred in a bathroom when Durst had an expectation of privacy. Other legal experts, though, like Daniel C. Richman, a former federal prosecutor and current professor at Columbia University Law School, told New York Times reporters that he believes the confession will be admissible as long as proof that the tape wasn't tampered with can be produced.

For others who have been charged with murder or another crime and have questions about whether or not evidence collected is admissible in court, contacting a Houston attorney as soon as possible is a must.

About The Neal Davis Law Firm, PLLC
The Neal Davis Law Firm, PLLC is a criminal defense law firm located in Houston, Texas that is committed to proving our clients with the best criminal defense possible. Talk to an attorney today at 713-543-8347.

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Houston, TX -- (ReleaseWire) -- 01/16/2015 -- Texas holds a reputation as the state in the nation where laws regarding the death penalty are harsh. The state ranks as number one in the number of executions performed each year; Texas executed 15 people in 2012, 16 in 2013, and 10 as of December 11, 2014. The prevalence of execution in Texas stems from a number of factors included its public defender system, culture, and statutory and procedural processes. Which is why it's surprising that in late November of 2014, a Texas veteran appeals court judge called for an abolition of the practice.

Executing an Innocent Man an "Irrational Risk"

Judge Tom Price's logic for doing away with capital punishment in Texas is simple – executing an innocent man poses as "irrational risk," according to an article published in the Houston Chronicle, and one that shouldn't be allowed by Texas' criminal justice system. A 2012 study published by the University of Michigan – Northwestern University names Texas as third in the nation for the number of wrongful convictions, a study that Price cited during his statement.

Price furthered his position by arguing that Texas' life without parole law makes capital punishment unnecessary, and that the practice of executing prisoners does not show proof as an effective means of deterrence for crime, nor retribution.

Comments Made on the Eve of an Execution in Texas

Price's comments weren't made out of context; instead, the option was expressed when Price dissented on the 6-3 decision regarding whether or not Scott Panetti, a convicted murderer who's also been diagnosed with schizophrenia, should be executed. Dissenters, like Price, argued that Panetti's mental condition rendered him ineligible for the death penalty under the U.S. constitution. Despite the argument, the court found that the petition for appeal failed to meet necessary requirements.

On Wednesday, December 3, 2014, however, an appeals court made a last-minute decision to issue a stay, only 12 hours before Panetti was scheduled to be executed.

An Unexpected – But Long Awaited – Statement

When Judge Tom Price – a veteran of the law who has served on the high appeals court since the year 1996 – presented his opinion on the consequences of the death penalty, many were caught off guard, but pleased. The statement was long awaited, said a former law professor at the University of Texas, Maurie Levin.

While professionals in the field hailed Price's remarks, how the Texas public will respond is unknown. At this point, public polls show an overwhelming support for capital punishment in the state. However, as more states throughout the nation take capital punishment off the books – or at least out of the system in practice – Texas is bound to be left behind if changes aren't made.

An Experienced Criminal Defense Attorney Continues to be a Must

About Neal Davis Law Firm, PLLC
Texas hasn't done away with capital punishment yet, and probably won't do so for many years to come. If you've been charged with a serious crime in Texas, an experience attorney on your side who will advocate for your is your best chance of avoiding an overly harsh sentence. The attorneys at the Neal Davis Law Firm, PLLC, will work hard to make sure that your rights under the law are adequately defended, and that your interested are adequately represented. A charge doesn't have to turn into a conviction – for legal help, call our offices today at 713-322-7899.

Contact Information:
Neal Davis Law Firm, PLLC
917 Franklin Street #600 Houston, TX 77002
713-227-4444
houstoncriminaldefenselawyer.com

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October is National Domestic Violence Awareness Month

Houston, TX -- (ReleaseWire) -- 10/20/2014 -- Houston's Crime Stoppers continues to raise awareness about domestic violence and physical violence in the home throughout the month of October, releasing a list of Houston's top 48 most wanted family violence offenders. The list includes some of the most violent and horrific allegations of family violence, and aims not only to put the suspects behind bars; it also aims to raise awareness for victims of domestic violence across the Gulf Coast.

Family violence was once known solely as domestic violence. Although the verbiage has changed, the crimes have not. Family violence encompasses violent crimes by a man or woman against members of their family including: children, partners, siblings, spouses, etc.

Texas has a "no drop" policy on family violence charges. This means that even if the victim decides to withdraw the charges, the state will pursue the allegations anyway.

Read more about family violence laws in Texas here:
http://www.houstoncriminaldefenselawyers.com/family-violence/

The list of suspects wanted for family violence offenses includes both men and women. Crime Stoppers has continued to touch on the subject of domestic violence against men, highlighting the overlooked issue in a recent blog post published October 2, 2014.

October is domestic violence awareness month, so crime stoppers is doing its part to reach out to victims of domestic violence, educate witnesses of domestic violence about how to help victims, and teaching both men and women the warning signs of domestic violence so they can prevent it before they become victims.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Internet Crimes Against Children Task Force Pose as Children Meeting for Sexual Encounter

Houston, TX -- (ReleaseWire) -- 07/10/2014 -- The 21 men arrested by the Montgomery County Internet Crimes Against Children (ICAC) division on June 3 represent a handful of child predators known in the Houston area to solicit sexual contact from children online.

For the past few months, the Montgomery County ICAC task force has been planning the sting operation, which led the offenders to believe they would be meeting a child they contacted online for a sexual encounter.

When the men arrived to meet the "child" they were promptly met and arrested by members of the ICAC division, not the underage prey they were hoping to meet up with.

Texas laws pertaining to the prosecution and defense of online solicitation of a minor charges have been altered so that the accused cannot claim they never intended to follow through with the invitations. Read more about online solicitation of a minor charges and Texas penal code here: http://www.houstoncriminaldefenselawyers.com/online-solicitation-minor-texas/.

Online solicitation of a minor in the state of Texas is a third degree felony. However the charges are heightened to a second-degree felony if the child is under 14 or is believed to be under 14 at the time of contact; or if the alleged predator is soliciting sexual contact with the minor.

In 1998, the Internet Crimes Against Children (ICAC) task force program under the Justice Appropriations Act (Public Law 105-119). The ICAC program is currently comprised of 61 local, state, and federal task force programs.

The ICAC task forces work cohesively to stop the online victimization of children, aid in victim recovery, and prosecute online child pornography and predatory crimes against children. Since its inception in 1998, ICAC task force investigations have led to 30,000 arrests for Internet & sexual crimes against children.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Houston, TX -- (ReleaseWire) -- 06/17/2014 -- "We work violent crimes first. If someone steals your trash can or your lawn mower out of your garage, there are no witnesses, there's no evidence, there's nothing for a detective to follow up on, it's not assigned," McClelland stated during a budget hearing.However, a city-commissioned study revealed that the department did not investigate 20,000 crimes with leads in 2013, a direct contradiction with the Chief's statement. Furthermore, of the uninvestigated cases, a majority were violent crimes, including assault and hit-and-runs.

According to Neal Davis, Houston criminal defense lawyer, all crime should be investigated and pursued by the police, "The problem with the Chief's position, of course, is that the public is not upset the police did not aggressively probe EVERY crime reported to it. Rather, folks are mad that police did not aggressively pursue cases in which crimes were clearly committed. There's no excuse for police not to investigate such cases; indeed, that's the reason we have cops."

HPD has been under investigation for shoddy investigation before. In 2002, DNA testing at HPD's crime lab was suspended after an independent audit revealed unqualified personnel, lax protocols and insufficient facilities that included a rainwater roof leak that destroyed evidence. Recently, a back-log of untested rape kit evidence going back a decade has been moved to an independent lab for processing. More than 10,000 unsolved and uninvestigated cases are finally being tested after Mayor Annise Parker made it a priority to move the evidence out of storage in the HPD property room.

HPD plans to ensure that the staffing issue is resolved soon, but as of now more officers are retiring than are being hired and trained. Despite Police Chief McClelland's assurance that violent crimes will be investigated, a recent study reveals that 15,000 burglaries and thefts, 3,000 hit-and-run crashes and 3,000 assault cases were simply set aside without any investigation.

About Neal Davis
Neal Davis is a Board certified Houston criminal defense attorney dedicated to defending all types of criminal problems in federal and state courts across Texas, including Harris County, Montgomery County, Fort Bend County and Jefferson County. Neal specializes in Assault charges, DUI charges and any serious criminal charges. Founding attorney Neal Davis is the recipient of several attorney awards and accolades including certification from Texas Board of Legal Specialization. Facing serious criminal charges? Call (713) 227-4444 for a free case evaluation today!

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