A closer look at an upcoming execution date: Hank Skinner
Where DNA evidence exists in a capital case common sense suggests it should be tested. Texas, in Hank Skinner’s case, says no. In a little over two weeks Texas is scheduled to kill Hank Skinner despite large quantities of potentially exculpatory DNA evidence readily available for testing.
The State at trial had a heavily circumstantial case against Mr. Skinner. Adding to an otherwise mediocre case was the allegation by ex-girlfriend, Andrea Joyce Reed, that Mr. Skinner confessed to her the murder of his then current girlfriend, Twila Busby, and her children. The State and the Defense chose not to test certain key physical evidence for the presence of DNA.
At trial, and since, Mr. Skinner asserted his factual innocence. Specifically, the Defense posited at trial, and on appeal, that Ms. Busby likely was killed by Robert Donnell, her maternal uncle. An “ear witness” to the crime purportedly indicates that the male voice he heard that night was not Mr. Skinner. The State’s key witness Ms. Reed, post-trial asserted she was coerced into falsely testifying against Mr. Skinner.
Through a story of bizarre, Kafkaesque rulings the DNA evidence in the case has never been tested. Could the DNA merely confirm the State’s theory of the case, absolutely. Could the DNA also exculpate him, yes. After February 24, 2010, however, it may not matter as that is the date Mr. Skinner is scheduled to be executed.
I should note that due to circuit precedent any avenue for federal relief, save a currently pending writ of cert to the United States Supreme Court, seems unlikely, despite Mr. Skiner being represented by one of Texas’ most capable capital postconviction specialists, Rob Owen. His thought on not testing the DNA? “The idea that we’re going to not find out, that’s … irresponsible,” he says.
The Texas Tribune has also written on Mr. Skinner’s case: Case Open / Case Open: The Investigation / Hank Skinner interview
Monday, 8. February 2010 14:57
Maybe its better not to know. I mean we can always just assume, right?
Wednesday, 10. February 2010 13:12
1190 MEREDITH AVE
SAN JOSE, CA 95125 (408) 298-7438
born march 13, 1967
Wednesday, 17. February 2010 11:10
I have prepared a full color, full page, compelling graphic which summarizes all the DNA evidence not tested in this case.
The graphic is freely available to all to use as they see fit. We have sent a copy to Governor Perry and his opponents in an effort to convince them to delay the execution until the DNA can be tested.
To view and download the graphic, please visit http://www.skepticaljuror.com