HOUSTON - The scheduled Texas execution - just two weeks away, on Aug. 1 - of convicted murderer Marcus Druery is unconstitutional because he is mentally incompetent. That is according to attorneys who have asked a state district court to delay his death. While delay requests are common in capital punishment cases, concern over Druery's sanity by his former lawyers and prison officials prompted Judge J.D. Langley to appoint expert counsel to request a competency hearing.

Texas Defender Service Kate Black filed the motion. She cites the findings of a psychologist who examined Druery in May.

"His delusional ideas so pervade his understanding of his case that he no longer understands that it was him who committed the crime, and that he's the one who has to suffer the punishment."

While the state has acknowledged that Druery suffers from delusions, schizophrenia, "thought broadcasting" and auditory hallucinations, Department of Criminal Justice officials have yet to respond to the question of whether his medical condition meets the legal definition of insanity.

The U.S. Supreme Court ruled in 1986 that executing the insane violates the Eighth Amendment ban on cruel and unusual punishment. The high court later expanded that ruling, saying that some justifications for the death penalty - such as retribution for victims' families - are not valid when criminals cannot comprehend them.

Black says as long as Texas has a death penalty, it should be administered constitutionally.

"When you have an individual who is so psychotic that he no longer has an understanding of what it is he's being punished for, that lacks the purpose for which the death penalty was created."

She says this is not the only time Texas prosecutors have sought the death penalty against the mentally incompetent, although she thinks the Druery case is especially egregious.

"The state's own experts have diagnosed him as having paranoid and disorganized schizophrenia. He's been housed in the psychiatric unit. So, they're well aware of his irrationality, and yet have still sought an execution date in this case."

A preliminary hearing on July 24 will determine whether the court will allow a full competency investigation to proceed. Attorneys say they will file a similar motion in federal court if the state court rejects their request.

Information about the 2006 Supreme Court case that clarified the insanity definition, which was argued successfully by the Texas Defender Service, is available at http://bit.ly/PWzBRk.




get more stories like this via email

A package to improve public safety is moving ahead in the California state Legislature - with a floor vote in the State Assembly on the first bill expected this week.

Assembly Bill 2215 puts into statute that police officers have the discretion to send people arrested for low-level offenses directly to supportive services.

Anthony DiMartino - government affairs director with the nonprofit Californians for Safety and Justice - said sometimes public safety is best served when people avoid arrest and instead get therapy, addiction support or help getting a job.

"We're also hoping to raise awareness that this is something officers can do, and then also encourage partnerships more with officers to look at what's in their community," said DiMartino, "as alternatives to jail booking."

A second bill would increase transparency and accountability on money sent to the counties as part of the Public Safety Realignment.

A third bill would require police officers, prosecuting attorneys and investigators to identify themselves any time they're interviewing a family member of someone killed or severely injured by police.

DiMartino said they also support AB 2499, which would ensure that survivors of violent crime and their family members can take unpaid time off work to address safety concerns and heal.

"We're hoping to broaden the scope a bit," said DiMartino, "and make it more clear that family members of victims are able to also tap into unpaid leave to support their family member that has been a victim."

A fifth bill would make it easier for justice-involved people and crime victims to speak freely during restorative justice programs - by making the communications inadmissible in other legal proceedings.

Missouri went through with its first execution of the year, as Brian Dorsey was put to death last night, just after 6 p.m. CT.

The U.S. Supreme Court on Tuesday declined to stop Dorsey's execution. He was convicted of murdering his cousin Sarah Bonnie and her husband Ben nearly 20 years ago.

The advocacy group Missourians to Abolish the Death Penalty launched several recent campaigns on Dorsey's behalf to spare his life.

Jenni Gerhauser, a cousin to both Dorsey and Sarah Bonnie, expressed belief in his redemption.

"Brian is more than the worst moment of his life," Gerhauser stressed. "There is so much more to him."

Gerhauser fondly remembered him as fun and charming from their visits during holidays. Dorsey's current lawyers said he was in a drug-induced psychosis when he killed the Bonnies in 2006 and his attorneys at the time had been offered money, preventing them from fighting the death penalty with his guilty plea deal.

Gov. Mike Parson confirmed Monday the state would move forward with Dorsey's death sentence, rejecting a separate request for clemency. More than 70 current and former corrections officers had urged the governor to commute Dorsey's sentence, arguing he had been rehabilitated.

Claudia Boyce, also a cousin in the family, said it should not be a decision for the state to make.

"You know, that's supposed to be God's decision, not ours," Boyce contended.

Dorsey received a lethal injection Tuesday evening. Lethal injection became an option for people on Missouri's death row in 1987, alongside lethal gas.


get more stories like this via email

Amid overcrowding and unsafe conditions in West Virginia jails, state lawmakers introduced bills that would allow judges to take a 'second look' at an individual's original sentence.

If a court determines they no longer pose a threat to the community, the person could be released, placed on supervision, or receive a shortened sentence.

Sara Whitaker - criminal legal policy analyst with the West Virginia Center on Budget and Policy - said West Virginia is one of the few states that has seen its prison population balloon over the past decade, despite declining crime.

She noted that as of last month, more than 500 people in the state were in jail awaiting transfer to a prison.

"As a result, eight out of 10 of the regional jails in the state were beyond capacity," said Whitaker, "with hundreds of people assigned to sleeping on the floor."

The bills failed to advance this session, but Whitaker said advocates are hopeful lawmakers will consider them next year.

The state's jails remain among the deadliest in the country, with at least 91 people losing their lives while incarcerated in the past few years.

According to the West Virginia Center on Budget and Policy, jail bills cost counties $45 million in 2022.

Nationwide, long sentences have led to growth in the number of older people behind bars.

Whitaker pointed out that 'Second Look' legislation could help the state avoid turning its prisons into nursing homes, and said the number of elderly people in prison has tripled in the past two decades.

"In 2019, West Virginia had to open a dementia unit in one of its prisons," said Whitaker. "There are hospice units across multiple prisons. And experts predict that this is just only going to get worse."

Whitaker added that 'Second Look' policies also offer a way to correct past racial injustice in the criminal legal system.

Black people incarcerated in West Virginia are four times more likely than white people to be serving a life sentence with the possibility of parole, and five times as likely to be serving a life-without-parole sentence.




get more stories like this via email