Author Archives: Alex Arriaga

Texas death row inmate Duane Buck has sentence reduced to life after Supreme Court orders retrial

Duane Buck, whose death sentence in a 1995 double slaying was appealed all the way to the U.S. Supreme Court after allegations of racist testimony from an expert witness, had his sentence reduced to life in prison Tuesday after reaching a plea agreement with Harris County prosecutors.

Buck, 54, was convicted and sentenced to death after killing his ex-girlfriend and her friend in Houston. Last week, the Harris County District Attorney’s Office added two new charges of attempted murder.

Under the plea agreement, Buck pleaded guilty to those new charges and was sentenced to two terms of 60 years in prison, in exchange for the Harris County District Attorney’s Office agreeing to drop its pursuit of the death penalty for the 1995 killings. All three sentences will run concurrently.

In appealing Buck’s initial sentence, his attorneys argued that his sentencing hearing was prejudiced because an expert witness had claimed Buck was more likely to be a future danger because he is black. The U.S. Supreme Court agreed, handing the case back to Harris County for a retrial.

“After reviewing the evidence and the law, I have concluded that, twenty-two years after his conviction, a Harris County jury would likely not return another death penalty conviction in a case that has forever been tainted by the indelible specter of race,” Harris County District Attorney Kim Ogg said in a statement. “Accordingly, in consideration for Buck pleading guilty to two additional counts of attempted murder we have chosen not to pursue the death penalty.”

Buck’s sister, Phyllis Taylor, who was the victim one of the attempted murder charges, has since advocated against the death sentence for him.

“Talking about that night is deeply emotional for me. So I thank the District Attorney, Kim, for agreeing to this sentence because the thought of going through another trial was just too much to bear,” Taylor said in a statement.

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Texas House Speaker Joe Straus calls for removal of “inaccurate” Confederate plaque

The "Children of the Confederacy Creed" plaque, highlighted in a letter state Rep. Eric Johnson sent to the State Preservation Board, asking that it be taken down.

Texas House Speaker Joe Straus requested on Tuesday that a contentious Confederate plaque be removed from the Capitol.

The plaque, erected in 1959, asserts that the Civil War was “not a rebellion, nor was its underlying cause to sustain slavery.”

“This is not accurate, and Texans are not well-served by incorrect information about our history,” Straus said in a letter to the State Preservation Board, which oversees the Capitol grounds.

Straus added in his letter that “confederate monuments and plaques are understandably important to many Texans” but stressed the importance of such landmarks being “accurate and appropriate.”

“The Children of the Confederacy Creed plaque does not meet this standard,” Straus wrote.

State Rep. Eric Johnson, D-Dallas, who has called for the removal of the plaque, told The Texas Tribune he was “pleased” that Straus agrees it should come down.

“I am confident that it will come down soon,” Johnson said.

Straus’ letter to the State Preservation Board is part of a larger conversation — both statewide and national — surrounding Confederate monuments. Following the deadly racial conflict in Charlottesville, Virginia, that began as a defense of a Robert E. Lee monument, some confederate statues in Texas have quickly come down after years of debate including three at the University of Texas at Austin and one last week in a public park in Dallas. Still, there are more than 180 public symbols of the Confederacy around Texas including a dozen just on the Capitol grounds.

“We have an obligation to all the people we serve to ensure that our history is described correctly, especially when it comes to a subject as painful as slavery,” Straus said in his letter.

Disclosure: The University of Texas at Austin has been a financial supporter of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

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