Black Awaiting Trial for Murder of Old White Woman Sends Sick Letters to Judge

The Gazette
November 11, 2015

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A man in jail on charges of murder and attempted murder sent more than a dozen bizarre letters to an El Paso County judge between the summer of 2012 and April of last year.

The letters were recently released to The Gazette by the 4th Judicial District Court through an open records request.

Marcus Smith, 25, is known for his frequent outbursts in court, which often get him booted from hearings. Smith has been awaiting trial since 2011 for the murder of 87-year-old Kathryn “Kit” Grazioli, and more recently was also accused of attempted murder of an El Paso County jail guard, sheriff’s deputy Harry LeMonte.

Since July 16, 2012, Smith has sent 13 letters to Judge Barbara Hughes. The letters are repetitive and accuse the court of calling him “black” when he is actually “brown.” In the July 16 letter, he writes that he is innocent and wants his record cleared and a $500 million payment from the court.

“Just accept the truth,” he wrote. “Stop torturing and holding me captive for something I had no control of, by lying directly and by exclusionary means.”

He makes the demands several times over the years worth of letters, and frequently refers to himself as Kntu KintA. On a scrap of paper included with a photocopy of an envelope dated July 31, 2012, Smith wrote “stop whipping me!” in all capital letters. He later changed his demands for money to ask for $10 billion.

On March 18, 2013, the court filed a letter addressed to “Guilty Barbara Hughes” from “The Law/Innocence.” In 2014, the court filed a letter to Hughes addressed to “Beautiful,” in which he likens prosecutors to kids making a mess of their house when their parents are on vacation. The prosecution needs to be “undone,” he writes, and then starts referencing the “consecution,” which he likens to a “real party, for Good People, who take care of their duties and responsibilities, and who do the right thing when they think no one is looking or otherwise. An orderly party. A Legal, World Party. Consecution.”

Later in the letter, he wrote he’s “just tryna (expletive) PARTY! It’s my birthday everyday. Because everyday is ‘Do-It-Right-Day!'”

He signed the letter “Party Animal.”

Attorneys and prosecutors have been barred from talking about it because of a gag order on the case. In court hearings, Smith’s lawyers have told Hughes he does not cooperate with them. Smith calls attorney Josh Tolini’s office to ask his paralegal to kill him on Smith’s behalf, Tolini said in court in February. Smith has been held at the El Paso County jail for years, which is unusual. Many homicide cases are closed within a year or two of arresting the suspect.

Smith has had at least 58 hearings since Grazioli’s murder, court records show, and there is no immediate end in sight.

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