The state Supreme Court has

upheld the conviction and death

sentence of a transient ex-con

vict who killed two people and

wounded two more during a

1990 East Bay shooting spree.

Delaney Geral Marks, now

46, without provocation shot

and critically wounded Mui

Luong, 20, on Oct. 17, 1990 in a

fast food restaurant at 14th and

Jackson streets in downtown

Oakland, then walked down

Jackson Street to a market

where he shot and killed grocer

Peter Baeza, 60, and critically

wounded employee John Myers,

30. About an hour later, he

robbed, shot and killed taxi

driver Daniel McDermott, 47,

who had just driven him from

Oakland to Eagle Avenue in Ala

meda.

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Marks was arrested the next

day, and was convicted and sen

tenced to death in 1994. In his

automatic appeal to the state

Supreme Court, Marks claimed

the trial court erred in finding

him mentally competent to

stand trial, thereby depriving

him of due process under both

the federal and state constitu

tions. He also claimed his jury

was biased by seeing a sheriff’s

deputy stationed next to him

during his courtroom testimony,

even though he had attacked his

own attorney in court and

caused other disruptions.

In addition, Marks claimed

the trial court violated his rights

by admitting a videotape de

picting Luong’s daily activities

and photos of the crime scenes

and victims, as well as testi

mony about his two prior con

victions and his parole status at

the time of the murders.

The court issued a unani

mous opinion Thursday re

jecting all his arguments.