BELL COUNTY, Texas — Convicted killer Cedric Marks has started his appeal process in Bell County. The first hearing for a motion for a new trial for Marks was Wednesday, Aug. 9. The judge made no decision on whether Marks will be granted a new trial, but he will have to make a ruling by August 23.
A Bell County jury sentenced Marks to the death penalty on June 9 for the killings of Jenna Scott and Michael Swearingin in 2019.
Silent in the courtroom, Marks sat next to his appeal attorney, Gretchen Sween, as she laid out her case of why Marks should be granted a new trial. Her reasons include Marks not having fair trial rights, citing reasons such as being shackled in front of the jury.
"If you have someone shackled or restrained in the courtroom, then that could be ultimately giving the impression to the jury that this is a highly dangerous person that they are worried about the safety of others surrounding the defendant, and ultimately causing a prejudice against this defendant before the state has proven him guilty beyond a reasonable doubt," said Liz Mitchell, 6 News' legal analyst.
Mitchell said she has worked plenty of trials where the defendants had to be restrained as they would have violent outbursts. It's up to a judge in his court on the decision, but Mitchell said that it is a matter that would be raised before the Texas Court of Criminal Appeals.
Because Marks' case is a death penalty case, by law it automatically has to be reviewed by the Texas Court of Criminal Appeals. Mitchell said that is the state's highest criminal court and a panel of nine judges will review the entire trial to ensure no state or constitutional rights were violated.
Marks' appeal attorney is also raising questions about Marks' competency to represent himself.
"Whether or not someone is competent to stand trial, can they communicate with their attorneys, can they actively take part with their attorney in formulating the defense," Mitchell explained some of the concepts that are considered when looking at competency. "If those are issues that are being raised in habeas corpus hearings, then there's a lot of evidence that would show all of the pre-trial interviews that took place with the defendant to show that he was in fact saying that he was in fact competent to stand trial."
That's exactly what Bell County District Attorney Henry Garza is hoping the judge realizes when considering the motion for a new trial. Garza told the judge in court on Aug. 9 that the trial record shows Marks was competent before and during the trial, and that he also persistently elected to represent himself in the death penalty case.
Marks' attorney mentioned several times in court that there was a conflict of interest with some personnel from the Regional Public Defender's Office that also contributes to issues with the trial and Marks representing himself.