Writings from Martin A. Draughon, inmate on Texas Death Row, USA

Greetings!
Attached is a copy of a letter that I typed up for Martin to post on his website and to forward to you all. Please forward any response directly to Martin as I am just the middle man.
Martin Draughon
000878 Polunsky Unit
3872 FM 350 South
Livingston, Texas 77351

I really don't know any more than what he has written in this letter to everyone.
My family is extremely pleased with the outcome of this hearing as you all can imagine. Thank you all from behalf of my sister, Angela, myself and the rest of our family for your continued support and faith in Martin. It is important.

Yours truly,
Felicia Draughon

CONVICTION OVERTURNED

The biggest news of my life of the last 17 plus years……

I actually started writing all this down only minutes after getting back to my cell after receiving the news. I only got half a page into it however before setting is aside. My mind was simply too much in a whirl to write. Now it is 4 days after getting the news and I'm just now putting it all down for you all. So let me back up to a good starting place for this big news.

Unlike a lot of guys in here I hear every door, every gate, every food slot. Every time a door opens or closes in here it registers in some part of my brain. There's always that part of my brain keeping up with what's going on outside my cell, by listening. I can't tune it out like most. So…

I was actually on the toilet when I heard someone say my cell number and by the tone and distance I knew it was not one of the prisoners recreating in the dayrooms. I leaned forward and could barely see out the steel mesh window of my door and I see the picket officer leaning down talking through the picket slot to two escort officers on the floor. I'm thinking it's them who spoke my cell number. A moment later the gate to my section is popped open and I hear steps on the stairs. Then a male and female escort officer pop up at my door and the female says I have a phone call. As soon as they looked in my cell and saw me on the toilet the dude turned away, not the female, though. For almost a minute she leans against my door looking at me and talking to me until I finally say something about it and she steps aside. So I finish, wash up and grab my clothes to give them to shake down. It is then that I question them and learn it is an attorney phone call.

I get locked into the little booth and uncuffed out in the visiting room to put the call through. My mind starts to race during the wait. For a couple of weeks I have been well aware of the fact that it's time for a ruling on my appeal any day now. By the time the call back to my attorney is made and I'm given the receiver, I'm already starting to trip- thinking the worst.

When I get on the line the first thing out of his mouth is, "Martin, are you sitting down? I've got good news to tell you. The Federal District Judge overturned your conviction."

I said, "WHAT?!" and stood up. He repeated it and said more but it was like I had tunnel-vision hearing at the time because I didn't hear what else he said for a few minutes. I slid down the wall and sat on the floor with the phone pressed to my ear and started crying while Jeff was speaking to me. It was like a heavy weight I'd been carrying was suddenly removed. A lightness of body and a fear this is a mistake. Then I pulled myself together and we talked a bit about the possible further outcomes. Then I started crying again. Then I got it together and we talked a few more minutes. I could have spoken with him longer but let him go so he could phone my wife and my sisters. I wanted them to have the news the same day I did.

It was about 4:04pm Monday, September 20, 2004 when I got the news. I told my lawyer, "you know, I know a lot of guys in here who know when their conviction was affirmed or when this or that court ruled on their appeal. I don't remember any of those dates, but I know I'll never forget September, 20, 2004!"

I haven't gotten the opinion (the ruling) yet. I'll probably get that from my attorney this coming week. I'll have more details once I've read that.

We fully expect the state to appeal this decision to the next higher court-the 5th Circuit Court of Appeals. The 5th Circuit could uphold the Federal District Courts' ruling overturning my conviction or the 5th Circuit could reverse that decision and give me back the conviction and death sentence. Then I would appeal that action to the U.S. Supreme Court.

The things in my favor:

A
The 5th Circuit Court of Appeals is under close scrutiny by the U.S. Supreme Court right now.

B
I don't see how the 5th Circuit could legitimately reverse the Federal District Court's ruling voiding my conviction because there really is no refuting this ballistic evidence of a ricochet bullet. A ricochet effectively nullifies intent to kill and intent is one element of capital murder that must be proven beyond reasonable doubt in order to convict a capital murder.

C
There is no disputing the fact that the prosecutor and the Houston Police Department firearm examiner lied before and during the trial about crucial elements of the case. They both told the jury that this was NOT a ricochet bullet. It's on record. And there's more they said that is on record that this ballistic evidence now proves they were lying about.

D
The ricochet evidence proves what I said from day one-that I was not shooting AT anyone.

I did not intentionally shoot anyone. I've admitted my crimes and accepted the fact of being locked away for the crimes I've committed. And paying 18 years in Ad-seg for those crimes is a long time already folks. But I did not 'murder' anyone. If I had intended to shoot anyone I would have shot right through the large window at the men when they were pounding on the glass because they saw me inside, but I didn't. I ran away out the back door instead.

My hope of hopes is that the state will drop this to manslaughter (which truly it is) and give me the maximum of 20 years. Murder is 5-99yrs. But as this isn't intentional it shouldn't be a murder.

If the 5th Circuit upholds the Federal District Court's ruling then the state will get a few months to either re-try me (on capital murder or a lesser offense) or make a plea bargain with me and let me go…off death row.

The State could choose to re-try me on the capital charge but I'm not overly scared of that. Not with the ballistic evidence. It will be hard for them to convict me of capital murder again with this ricochet evidence now or at any future trial. Plus, I am no longer young, ignorant and trusting in the judicial system as I was at trial. I won't be meekly sitting there while getting screwed this time. I will be actively participating in my defense and making sure lawyers do what needs to be done.

If the State wants to try me for murder, with good counsel I should come out relatively okay if convicted. I'm hoping though, that the State will not want to waste tax-payers money trying to re-try a 20 year old case and will plea bargain some time. We shall see how it turns out. Either way it goes, it is still going to probably be a year or longer before I get to that point.

I'll tell you this: I can state with complete confidence in my mind and heart that I'll never commit any future crimes and go back to prison. After living with the threat of being deliberately killed hanging over my head every day of my life for the past 17 plus years; after saying goodbye to scores of men you've known, lived with, worked with, ate with, played with, prayed with over the past 17 years; after learning to live with a constant sense of utter loss pervading every conscious moment; after maturing to who I am now and nurturing my intellect the better part of the last 17 plus years; after having experienced the touch of the Divine Spirit a few times through the years and coming to recognize and know that aspect of me-the person…After having experienced all of this and more I know without a doubt nothing out there in that free world could ever again push me off the deep end as happened so very long ago. I will succeed at whatever I do out there now. I'm clean and sober and I can think now. I'm smart, with better than average common sense. Drugging and drinking? No more for me. I'm a health nut now. I want to live a good long time and be in good enough shape to actually do some living and make up for lost time. Yep, I'm daring to dream beyond these walls again. It's going to be alright. Just continue to think positively along with me my friends.

Oh! There's a thing or two more I wanted to touch on. I remember when I was out there in the booth getting my good news that I was well aware of the fact that another man, Andre Flores ("Showtime" to all of us) was out there in the visiting room on his last day of life. He was scheduled for execution the next day. Life and death. I looked at the yin-yang tattoo on my left elbow in the reflection on the glass as I thought about him preparing to die, while I planted my faith more firmly around the thought of living.

Another thing: when I got back to my cell where I was able to let go completely, I pressed my face into my pillow and cried soul-wrenching sobs for long minutes. I heard chow being passed out so I pulled myself together and sat at my little metal table attached to the wall. I was purposefully avoiding eye contact with the officer but as he is one of a few who I have a decent rapport with, he didn't immediately split when I said I didn't want a tray. He's staring at me from the other side of my cell door. He says "What's wrong? Are you okay?" So then there's nothing to it but to tell him what's up. I told him the news I just received a few minutes ago and he levels a gaze at me and says, "Well hey, that should make you happy!" I told him, "It does. It's just all kind of overwhelming, you know." I don't think I cried anymore after that. Man, I'm still in a mild state of shock though.

Dudes around me have been congratulating me all week long. Hell it's my attorney who deserves that. Which reminds me of another thing. When I was speaking with my attorney I was quietly sobbing while he was talking and I recall him saying how "honored" he feels to represent me and be a part of my life. I stopped him right there and told him, while sobbing, "You know Jeff, I don't see how you can say that or feel that way man. I mean, I did some really fucked up shit, you know. I can't understand how you can feel that way…"

Then he proceeds to tell me how he has come to know me and how much I've changed and he believes in me, believes in redemption. Redemption. That touched me very deeply.