With just days remaining before a scheduled lethal injection, lawyers for convicted Bryan killer Marcus Druery are set to ask for a withdrawal of the execution date, among other things.
Tuesday at 9:30 a.m., Druery's lawyers will appear before 85th District Court Judge J.D. Langley to ask for a competency hearing for the 32-year-old, who was convicted of the Halloween 2002 murder of Skyyler Browne.
Druery was returned to Brazos County's jail Monday afternoon for Tuesday's hearing. He is set to die Wednesday, August 1 unless a court changes it on appeal.
News 3 will have coverage of the Tuesday proceedings through a live blog here at KBTX.com
Attorneys from the Texas Defender Service representing Druery say their client suffers from schizophrenia and is incompetent to be put to death. Competency is required for execution by virtue of the Eighth Amendment to the U.S. Constitution.
The filing cites prison records and medical experts who say Druery has declined significantly since he was sent to the Polunsky Unit in Livingston, Texas' death row.
In a new filing Monday morning, Druery's attorneys presented letters written by the murderer in recent years. Among them was a letter from Druery received by Brazos County in May. In it, Druery asked for a stay of execution for 21 reasons, including:
- witnesses like Kim Kardashian weren't questioned properly
- Johnny Cochran, who Druery said was once his attorney, has records about him
- he had a $10 million settlement
- he is one of the last surviving males in God's lineage
- he slept with the wife of one of the prosecutors, and that the prosecutor used Druery's money to gamble in Las Vegas and didn't pay him back
Druery would be the first Brazos County murderer put to death since Ynobe Matthews in 2004. He is one of four Brazos County murderers currently on death row.
Court filing by Druery's attorneys from July 11:
Marcus Druery Article 46.05 Motion (July 11, 2012)