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Cedric Marks trial delayed again as he makes new requests

Capital murder suspect Cedric Marks was back in court for another pre-trial hearing Tuesday.

BELL COUNTY, Texas — Capital murder suspect Cedric Marks was back in court for another pre-trial hearing Tuesday. He is accused of killing his ex-girlfriend Jenna Scott and her friend Michael Swearingin in Temple back in January 2019.

The capital murder trial has continued to get pushed back as more requests and motions come in from both sides. This time Marks is requesting more access to phones and a change in his standby counsel.

In a packed courtroom Tuesday afternoon Marks complained to Judge Steve Duskie about his assigned standby counsel. He said they don't do what he needs and he hardly hears from them. Marks asked local defense attorney John Galligan to be added to the crew as he defends himself in what he calls a "death penalty case."

Judge Duskie granted the request but reminded Marks that his standby counsel can only do so much.

"They are only to provide answers to legal questions, not to argue for you, not to do it for you, but just assist with questions you have," he said in court.

As both sides prepare for trial, there's been uncertainty with Marks representing himself. Bell County District Attorney Henry Garza asked the judge to reiterate if Marks will be representing himself throughout the trial process and that he wasn't forced as Marks had claimed to be in prior pre-trial hearings.

Marks told the court Tuesday that he's not going back on his decision.

"I am pro se," he said. "At this point I would never hand it back to the {Regional Public Defender Office] as the trust is broken there."

Marks also took the time to request one 30 minute call per week at no cost that cannot be recorded. He said he was fine with being monitored by jail staff as long as there was no way for anyone to record what he was saying as he was preparing for his defense.

Major Shane Sowell, the Bell County jail administrator, was called to the stand by the Bell County prosecutors to put into question if the request should be made.

"My main concern is the staffing with the current phone situation we have," he told the court. "I don't know if it's feasible to get a phone in a room where he does discovery."

Sowell said Marks is always escorted and monitored by at least two jailers as he is considered a high risk inmate. He explained that if the request were to be granted, there would have to be a change or increase in manpower at the Bell County Jail to meet standards.

Judge Duskie did not make a ruling on Marks' phone request Tuesday and said he will take it under consideration.

Self representation rights are going to be discussed again at the next hearing.

The capital murder trial is set for February 21.

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