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Wednesday, January 24, 1979
University Dally Kansan
7
DA says justice failed in Davis mistrial
FORT WORTH, Texas (UPP)—Tarrant County District Attorney Tim Curry says the judicial system "clearly failed" by granting a mistrial in the murder solicitation trial of T. Cullen Davis and says his prosecuting staff plans to make a third effort to convict the millionaire businessman.
Currymck turned the Davis defense and said it was based on the "ABCs—Anybody But Currymck."
"I's incredible to me there was a mistrial in Houston, " Curry said yesterday, one day before he was arrested.
jury was hopelessly deadlocked 8-4 in favor of conviction.
"I CAN'T in good conscience dismiss this case," he said, adding he hoped to have Davis back in the courtroom within six months, but he wanted to arrange the murder of his divorce judge.
"1 suppose it bolts down to whether a man with his resources and money should be there, or not."
(1)
"The law ought to everyone, and I don't think it does here. The system has
Curry said no matter what the cost, Davis would again be brought to trial and that this
CURRY SAID he expected Davis' defense once again to rely on suggestions he was the best.
Curr unsuccessfully tried Davis last year in Amarillo on a capital charge for the slaying of the millionaire's 13-year stepdaughter in an August 1976 shooting outburst. One other person was killed in that attack and two were wounded.
In both trials—each of which last more
Curry said the mistrial was "a clear victory" for the defense and cost Tarrant County, Davis' home county, in excess of $150,000. The Amarillo murder trial, in which three witnesses identified Davis as the gunman, cost $250,000.
than three months—Davis has been represented by the flamboyant and the theatrical Richard "Racehorse" Haynes and Phil Burleson.
mistrial. A smiling Davis posted $30,000 cash bond in -100 bills and told reporters he would remain out of jail "f forever" and was planning a skiing vacation.
DAVIS, 45, whose corporate fortune is valued in excess of $300 million, walked to freedom Monday less than two hours after his 13-week murder-for-hire trial ended in a
Davis is charged with paying FBI informant David McCory, a former Davies Industries employee, $2,000 to arrange the Davis' divorce court judge, Joe H. Eidoson.
Prosecutors offered in evidence audio and video tape recordings of conversations between Davis and McCroy, including a call from the judge presented his former friend with $25,000 in
cash and reportedly viewed a staged photo showing Eldin dead in the train of a car.
BUT THE DEFENSE team offered the jury more than 60 witnesses and advances several theories suggesting the industrialist was a victim of a frameup. Haynes and his son Brian were both friends, police agencies or even Davis' brother Bill might have engineered the plot.
Davis also testified he thought McCroy was an exortionist and was just "playing along" when he discussed hit men, payoffs when he said "the 'a bunch of people' would be slain.
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