In response to today’s denial, Marcus Druery's attorney Kate Black issued the following statement:
“We are disappointed that Mr. Druery continues to be denied a full and fair hearing about his competency to be executed. Mr. Druery’s execution would violate the Eighth Amendment’s ban on cruel or unusual punishment because he suffers from a psychotic disorder that renders him incompetent to be executed. The State’s own mental health professionals have diagnosed him as schizophrenic, noting that he suffers from delusional and paranoid thoughts and auditory hallucinations. Mr. Druery has no rational understanding of the connection between the crime for which he was convicted and his execution. Texas must allow Mr. Druery’s counsel the opportunity to fairly present the evidence of Mr. Druery’s mental illness so that he may establish his incompetence for execution. We intend to appeal today’s denial to the Texas Court of Criminal Appeals.”
Jordan Smith posts, "Is Druery Sane Enough to Die?" at the Austin Chronicle.
Although he's been hearing voices for years, believes that he and his cell on Texas' death row are "wired," and has spent a significant amount of time in the prison system's psychiatric ward, a judge in Brazos County today denied to hold a competency hearing to determine if Marcus Druery is indeed sane enough to die. Druery was sent to death row for the kidnapping, robbery, and murder with two accomplices of 20-year-old Skyyler Browne in 2002. Druery would be the 484th person executed in Texas since the reinstatement of capital punishment, and the 245th killed under the watch of Gov. Rick Perry, if his execution goes forward as scheduled on Aug. 1. Unless a higher court, like Texas' Court of Criminal Appeals, steps in and reverses today's decision by Judge JD Langley, that is likely to happen.
Langley's decision to deny a full competency hearing for Druery means that, in Langley's view at least, Druery's lawyers Katherine Black and Greg Wiercioch with the Texas Defender Service did not meet the statutory burden of raising a "substantial doubt of the defendant's competency to be executed."
Druery has not before raised the issue of his competency, which is to say that no other court has already determined that he is sane enough to be executed. In the absence of a previous competency finding, the court is required to consider evidence brought by the defense before determining whether or not a condemned inmate is entitled to a hearing to determine his competency. In Druery's case, Black and Wiercioch put into a 36-page motion a bevy of evidence, including a sampling of more than 5,500 pages of prison and medical records, including numerous notes and statements Druery has made and over the years – many of which detail his feelings about his cell being wired and his food being poisoned.
"Bryan judge says next week's execution can go forward," is Allan Turner's post for the Houston Chronicle.
A Bryan judge Tuesday rejected an effort to halt next week's execution of convicted killer Marcus Druery so the one-time tire repairman and ranch hand's mental health could evaluated by psychiatrists.
Houston lawyers with the Texas Defender Service argued that Druery, 32, suffers from schizophrenia and lacked a "rational" understanding of why he is to be put to death on Aug. 1. State District Judge J.D. Langley ruled that a competency hearing in the case is not warranted.
And:
In a petition filed earlier this month, Defender Service lawyer Katherine Black argued that prison psychiatrists had diagnosed Druery as schizophrenic on several occasions and that his continuing behavior indicated he suffered from debilitating psychological problems.
Additionally, Dr. Diane Mosnik, a neuropsychologist hired by the Defender Service team, found that Druery lacks the capacity to rationally understand why he is to be executed."
Although Druery "has a factual awareness that an execution date has been scheduled for the crime for which he was tried, he does not believe that he will be executed because of his illogical, fixed and firmly held delusional belief system," Mosnik wrote.
"Judge denies motions to deem death row inmate unfit for execution," by Maggie Kiely for the Bryan-College Station Eagle.
Judge J.D. Langley on Monday morning denied several motions filed by attorneys of death row inmate Marcus Druery, 32, of Bryan, claiming their client is incompetent and therefore unfit to be executed next week.
Druery has been on death row since 2003 when a Brazos County jury sentenced him to death after convicting him of killing Skyyler Browne, then robbing him and setting the body on fire.
Druery’s lawyers, Kate Black and Greg Wiercioch with the Texas Defender Service, say their client is schizophrenic and doesn’t have a rational understanding of why he’s scheduled to receive lethal injection Aug. 1, which would make him ineligible for execution based on a U.S. Supreme Court decision.
They pointed to thousands of pages of medical and prison records that detail Druery’s condition and used letters written by the inmate to support their position.
Black said while her client may be able to recite when his execution date is, he lacks understanding of why he’s to receive the punishment and believes he is innocent.
KBTX-TV posts, "Execution Upheld: Motion by Bryan Killer's Lawyers Denied." It's by Steve Fullhart.
A Brazos County judge has denied a competency hearing and a withdrawal of an execution date for convicted killer Marcus Druery.
The 32-year-old is due to be put to death by lethal injection August 1.
Tuesday morning, his lawyers argued to Judge J.D. Langley that Druery has been diagnosed with schizophrenia and while he may have a factual understanding, he does not have a rational understanding that he is going to be put to death.
And:
According to the U.S. Supreme Court, an inmate must be aware of their execution and why they are being put to death before the act takes place.
Druery's lawyers will continue to attempt appeals on this matter.
Earlier coverage of Marcus Druery's case begins at the link.
The Supreme Court established standards to assess whether severely mentally ill inmates are competent to be executed in a 1986 case, Ford v. Wainwright; more via Oyez. Related posts are in the competency and mental illness indexes.
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