Allen, who is accused of beating fellow inmate to death in 2015, told Durham he would kill his family. “I’ll cut your children up into pieces,” Allen said. “I’ll knock their brains out with a (expletive) hammer and feed them to you. … The babies will be going, ‘Daddy, daddy, help me.’”
Durham told Allen it was his “guess” that he’d find Allen guilty and that Allen would then find out “how nasty I really am.”
In its letter, the judicial watchdog agency said Durham failed to avoid the appearance of impropriety and failed to discharge his duties “impartially, competently and diligently.”
Durham notified the agency of what he’d done before any investigation was initiated, quickly recused himself from Allen’s case and took full responsibility for his “improper and intemperate comments,” the commission’s director, Mark Dehler, wrote. The commission said it was impressed with Durham’s candor and contrition as well as his agreement to undergo sensitivity training and counseling.
“The commission also is convinced that you learned from this experience and will not allow yourself to be drawn into this kind of exchange again,” Dehler said.