Robert Nelson Drew

Robert Nelson Drew (TX)

	DEFENDANT'S INFORMATION
Defendant's Name	ROBERT NELSON DREW
Date of Birth	April 8, 1959
Defendant's Race	White
Criminal History	None
Execution Date	August 22, 1994
TDC Number	755
Age at the time of crime	24
Age at the time of execution	35
	THE CRIME
Date of Crime	February 21,1983
County	Harris County
Victim(s)	Jeffrey Leon Mays
Race of Victim(s)	White male
Relationship to Defendant (if any)	Traveling acquaintance
Offense Alleged	Capital murder
Factual summary of allegations	In the course of committing robbery against Mays, Drew intentionally caused the death of Mays by stabbing him. In the course of the kidnap of Landrum – stabbing Mays intentionally and knowingly caused death of Mays by stabbing him with a knife. Intention to cause severe bodily injury to Mays, and caused death of Mays by intentionally and knowingly committing an act clearly dangerous to human life. While traveling in a car Mays and Drew got into an argument. After beating Mays in the car, Drew and Puralewski (accomplice) ordered Mays out of the car and stabbed him to death.
	THE TRIAL
County where tried	Harris County
Trial Judge (name, address and telephone)	Hon. Charles Hearn, 263 District Court, Harris County, TX
Prosecutor(s) (name, address and telephone)	Eric Hagstette, Assistant DA with DA office of Harris County, TX
Defense Attorney(s) (name, address, and telephone)	Don Rogers and Richard Stephanow.
Plea	Not Guilty
Racial Makeup of Jury
Convicted of (statute)	Capital Murder – TX PC s.19.03 (a)(2)
Confession?	No
Accomplice(s)	Ernest Puralewski, who later admitted that he committed the murder alone
Eyewitness(es)	One (as well as Puralewski) – Bee Landrum, who later recanted his testimony and admitted that he did not, in fact, see what happened.
Scientific Evidence	No psychiatric testimony presented.
Jail House Snitch?
Defendant Testimony?
Exculpatory Evidence Offered?
Additional Punishment evidence by State
Mitigating Evidence by Defense	Drew's Uncle – Donald Martelle – testified as to Drew's broken and poverty stricken home background with a history of domestic problems and drinking problem. Drew was average in school, had been married and divorced, had one child and was a drifter at the time of the murder.
Evidence of Mental Retardation, Mental Illness, and/or neurological damage?	"Applicant's responses were consistent with counsel's personal observation of applicant and corroborated counsel's conclusions that neither insanity nor competency to stand trial were issues in applicant's case."
Sentencing Date:	December 9, 1983
	DIRECT APPEAL TO COURT OF CRIMINAL APPEALS
State's appellate attorney
Defendant's appellate attorney	William Kunstler, Bradford E. Yock
Date appellate brief filed	March 30, 1984
Grounds Raised	Appellant raised 12 grounds of error, encompassing: Trial court erred in denying appellants out-of-time motion for new trial on basis of a lack of jurisdiction because the "new available" evidence warranted a new trial and because the jury misconduct occurred when parole was discussed. Challenges to the sufficiency of the evidence to prove that the murder was committed in the course of committing robbery of the deceased and the sufficiency of the evidence to support an affirmative finding of the 2^nd special issue submitted – that appellant was a continuing threat to society. Four points of error re: improper jury argument of prosecutor. Two points of error re: trial court error in sustaining challenges for cause to venire men Grover Smith and Archie Cotton.
Date of opinion	September 30,1987, conviction affirmed
Opinion citation (or attached)	Drew v. State, 743 S.W. 2d 207 (Tex. Crim. App. 1987)
Cert to S. Ct?	Denied June 28, 1993.
	STATE WRIT OF HABEAS CORPUS
Writ Attorney	Ronald Kuby and William Kunstler Rob Owen Michael Jackson
Appointed, retained or volunteer?	Indigent, so either appointed or volunteer
Grounds Alleged	INNOCENCE: Alternative murderer – Ernest Puralewski confessed in sworn affidavit fully exculpating Drew Bee Landrum, only eyewitness, recanted Tape with Landrum hours after killing in which he admitted he didn't see murder was suppressed until 5 years after Drew's trial Execution of an innocent person violates 8^th and 14^th Amendment of US Constitution and Art 1 s. 13 of TX Constitution AMMENDED APPL FOR POST-CON WRIT OF Habeas Corpus Prosecutor repeatedly used a hypothesis at voir dire that fundamentally misstated TX Law, in violation of TX and federal constitutional guarantees and resulted in inability of jurors to determine guilt reliably and to consider and give effect to mitigating evidence.
Writ Judge	Ruben Guerrero
Date of Decision	July 28, 1994
Decision	Denied
Cert to Supreme Ct.?	Denied Feb. 28, 1994
	NEW EVIDENCE OF INNOCENCE
Developed by:	writ attorneys
Presented to:	TX Court of Criminal Appeals
Summary:	Additional evidence that Puralewski had been claiming sole responsibility for the murder since his incarceration in Harris County Jail. Alan Burns – inmate incarcerated with Puralewski sworn affidavit to above effect.

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