CAUSE NO. 03-00001-CRF-85THE STATE OF TEXAS, § IN THE 85
th
DISTRICT COURT§Plaintiff, § OF§vs. § BRAZOS COUNTY, TEXAS§MARCUS DRUERY, §§Defendant. §DEFENDANT’S SUPPLEMENT TO MOTION TO DETERMINE EXECUTIONCOMPETENCY UNDER ARTICLE 46.05
Defendant Marcus Druery is scheduled to be executed by the State of Texason August 1, 2012. Counsel filed a Motion to Determine Execution Competencyunder Article 46.05 on July 11, 2012. This Court has set that motion, among others,for hearing on July 24, 2012.Counsel for Mr. Druery supplement the Article 46.05 motion with thefollowing additional factual support for the contention that he suffers from a severe,active psychotic condition that renders him unable to rationally understand thereason for his impending execution.
I.
Marcus Druery’s recent and prolific writings to the courts, tohimself, and to individuals whom he does not know, are furtherevidence that he lacks a rational understanding of the reason for hisimpending execution.
On January 19, 2012, the Brazos County District Clerk received a letter fromMarcus Druery dated January 16, 2012. Exhibit 1 at 22249-52 (Brazos CountyDistrict Clerk Records from JusticeWeb). Attached to the letter were two I-60
2Inmate Requests to Official dated December 10, 2010, and December 28, 2010. Inthe first I-60, in the section called “SUBJECT:
state briefly the problem on which you desire assistance
”, Mr. Druery wrote:Why am I on this unit after:-
I was fed something that caused me to upheave blood and lay onfloor sick for hours.-
An officer was trying to pull my kidney out of my body & wascaught by Sgt. Horton while doing it.-
Also cut w/ razor when arm was in slot and was hit by lead bulletson a string.-
Was stabbed coming out of shower on a couple of occasions.-
Was tortured in a cell by officers and had a use of force team entermy cell without camera and was beaten.During this I was denied medical attention and worse they werelistening to it!Exhibit 1 at 22251.
1
In the second I-60, Mr. Druery complained:The State/wires continually tell me to get “Gangster” because otherpeople want my settlement or freedom. They don’t know how to unwireme and grant my freedom back. Please explain.
Id
. at 22252.On March 27, 2012, the District Clerk for the United States District Court forthe Southern District of Texas received a letter from Marcus Druery. In that letter,dated March 16, 2012, Mr. Druery claimed that he was shot by Skyyler Brown andthat, as a result of the incident, he now suffers from a thyroid condition:
1
The excerpts from Mr. Druery’s writings are reproduced in this supplementwithout correction to spelling or grammatical errors.
3Please be advised that I was shot by Skyler Brown on the day inquestion. I took 9mm rounds to the right side of my neck. It causedyears of thyroid problems. (Lou Gherigs disease & Parkinsons disease)….Id taken all kinds of medications ect & had multiple hospital trips ect.I had to have surgery so they had to do X-ray on my neck & foundcircular hole shaped wounds in my neck. (2006 & 2007) My thyroidshad a healed hole in one & lip node growths.Exhibit 2 at 22222 (Brazos County District Clerk Records).
2
Mr. Druery appears to believe that there is evidence that not only was he thevictim of a shooting on the night of the crime, but that others were as well, and thatthis fact is somehow legally relevant to his conviction. On a page dated March 10,2012:In 2009 & 2010 people had settlements for being attacked by thedeceased on the day in question. Plus one witness had a gun shotwound to the head & there was a picture of it healing. Yet she testifiedwithout revealing that. The deceased shot Joquisha Pitts on the day inquestion. She was in love & scorned and testified wrongly to keep mefrom being with other women. I also got shot with XXX years of complications by the deceased.I received an execution date and these things were known but not filedby my attorney. I would request a stay of execution, full reversal, newtrial or complete freedom if possible. Thank you for your time!
Id
. at 22223.
3
2
While Mr. Druery has been treated for a thyroid disorder, none of Mr.Druery’s medical records suggests that he has ever been diagnosed with, or treatedfor, Parkinson’s Disease or amyotrophic lateral sclerosis (Lou Gehrig’s Disease).
3
Mr. Druery sent an identical copy of this letter—also dated March 10,2012—over three months later. The Brazos County District Clerk received theletter on July 3, 2012, after it had been forwarded from the Texas Court of Criminal Appeals.
See
Exhibit 2 at 22213.
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Marcus Druery Supplement to Article 46.05 Motion (July 23, 2012)
Marcus Druery’s recent and prolific writings to the courts, to himself, and to individuals whom he does not know, are further evidence that he lacks a rational understanding of the reason for his impending execution.
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