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David Protess

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What Texas Isn't Telling You About Hank Skinner's Case

Posted: 11/07/11 10:09 AM ET

On Wednesday, at 6 p.m. Central, Texas officials intend to strap Hank Skinner to a gurney, inject poisonous chemicals into his veins, and end his life. Only a stay by the Texas Court of Criminal Appeals, or a reprieve by Gov. Rick Perry, stand in the way of Skinner's execution.

As I reported on Oct. 4 and Nov. 3, Texas wants to kill Skinner without first doing DNA tests that could prove his innocence, determine the guilt of an alternative suspect, or confirm Skinner's guilt.

The authorities insist the tests are not necessary. Skinner is clearly responsible, they claim, for murdering Twila Busby and her two adult sons in their Panhandle home on New Year's Eve in 1993. Skinner did not request DNA testing before his trial in 1993, they say, so now it is too late. Post-conviction tests should not be done.

What they are not telling you is stunning. What they do not want you to know contradicts their public explanation for fighting the tests.

Here is what's really behind their rhetoric.

Five years after Skinner was convicted and sentenced to death, Gray Co. D.A. John Mann, Skinner's prosecutor, sent evidence from the crime scene to a Texas lab for DNA testing. Mann personally selected the lab, GeneScreen, which regularly did business with law enforcement. Mann also carefully chose the evidence he wanted tested. This move would forever put to rest the nagging questions about Skinner's guilt, Mann believed.

It did not turn out the way the D.A. expected.

While some of the tests confirmed that Skinner was in the house that New Year's Eve (which he does not dispute, explaining he'd passed out from consuming alcohol and codeine), several results pointed strongly to his innocence.

  • Bloodied gauze found on the front sidewalk amidst a trail of blood -- not from Skinner or Twila. (One of her sons was murdered in his bed, and the other stumbled out the back door before collapsing on a neighbor's porch.)
  • Blood on a cassette recorder found near Twila's body -- not from Skinner or Twila.
  • A hair clutched in Twila's hand -- not from Skinner or Twila. From "a stranger," a scientist concluded.

The results, initially reported to D.A. Mann in a phone call from GeneScreen, sent shock waves through the prosecutor's office. And, it led Mann to abruptly halt further testing.

What didn't Mann send to GeneScreen after getting the bad news?

  • Two bloodied knives used in the murders. Mann had claimed at trial that cuts on Skinner's hand were caused by the knives. Skinner said the cuts were from broken glass. Without the DNA tests, we will not know the truth about the murder weapons.
  • Vaginal swabs of Twila. She was found with her jeans unbuttoned and partially removed. Without the DNA tests, we will not know the truth about what is on the swabs.
  • A windbreaker covered in blood and sweat, found two feet from Twila's body. It did not belong to Skinner or the victims, but strongly resembled a jacket often worn by Twila's uncle, who stalked her at the New Year's Eve party shortly before the murders. Without the DNA tests, we will not learn the truth about the windbreaker.

D.A. Mann, a Republican, lost his bid for re-election to another Republican and never publicly explained why he refused to test this crucial evidence. Mann died in 2008.

GeneScreen's typed reports landed on the desk of his successor, Richard "Rick" Roach, soon after he took office in 2001. D.A. Roach promptly told Skinner's lawyers about the new findings, calling them "exculpatory."

Then Roach did something that has haunted the Skinner case to this day. "There will be no more testing without a court order," he announced. That's right. He shut down the testing -- after the latest round did not turn out the way prosecutors wanted.

A decade later, the D.A.'s office, now headed by Roach protegé Lynn Switzer, is still stubbornly refusing to finish the testing begun by John Mann. A decade later, and still no judge has ordered Switzer to do otherwise.

Prosecutors swear up and down that they are acting on principle, that Hank Skinner had his chance for DNA testing and blew it, like a guilty man would.

But the truth is that prosecutors will do anything to stop the tests -- even if it means killing a man who may be innocent.


Tomorrow: How TV's Nancy Grace shamed D.A. John Mann into ordering the DNA tests. And, the shocking development that prevented D.A. Rick Roach from changing his mind about new tests.

Skinner's supporters have posted an on-line petition to Texas Gov. Rick Perry.

 
On Wednesday, at 6 p.m. Central, Texas officials intend to strap Hank Skinner to a gurney, inject poisonous chemicals into his veins, and end his life. Only a stay by the Texas Court of Criminal Appea...
On Wednesday, at 6 p.m. Central, Texas officials intend to strap Hank Skinner to a gurney, inject poisonous chemicals into his veins, and end his life. Only a stay by the Texas Court of Criminal Appea...
 
 
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11:47 PM on 11/10/2011
Dear Dr. Protess: you are just parroting things that Skinner claims is truth. Did you investigate any of this or just take Skinner at face value? For instance: were you aware that NO doctor has ever testified, nor has there been any medical evidence establishing Skinner's *claimed* allergy to Codeine? Have you seen his latest "revelation" as to how he came to ingest the codeine (colorblind, drinking from the wrong glass, etc.)? What do you think about that?

Here's something else--let me quote you: "...Vaginal swabs of Twila. She was found with her jeans unbuttoned and partially removed. " If you look at the crime scene photo of her body as it was found on the night she was murdered (http://www.hankskinner.com/facts.html) you will clearly see that her jeans were *not* unbuttoned and they were *not* pulled down as you, again, parrot.

Did you even investigate this case; or are you nothing more than yet-another-dishonest anti-death penalty activist using the cover of "investigative reporting" to try and skew public opinion for political purposes?
11:00 AM on 11/08/2011
It seems to me that this is a last minute end around for Hank Skinner. I didn't read anywhere in your article about how his own attorney made the choice at trial not to test the same blood soaked evidence that is in question now? The same evidence was available then. Didn't his attorney then believe that additional testing of this evidence would further implicate Hank Skinner in this crime? Wasn't not testing this evidence back then his legal strategy? Don't cherry pick your points, give us the whole story.
09:25 AM on 11/08/2011
I guess Texas forgot to tell us they were going to grant the stay.
09:01 PM on 11/07/2011
Let's hope this latest ruling leads to more DNA testing.
08:59 PM on 11/07/2011
Let's hope the "Stay" leads to new DNA tests.
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HUFFPOST BLOGGER
David Protess
10:07 AM on 11/08/2011
I share your hope, but there's a long way to go for that to happen. Skinner's lawyers will first have to persuade the Court of Criminal Appeals that Texas' new DNA statute applies to Skinner. Even if they do, we have to hope the evidence has been properly preserved! Only then can the tests be done. Thanks for your posts, Dee.
HUFFPOST SUPER USER
cqdeed
Filling the mind with facts...or trivia?
08:51 PM on 11/07/2011
What frosts my buns about DNA is that it can come back proving a non-match or a probability of a match. So, naturally, it is mostly used to prove a person guilty. The DA is in the job of convicting people so while they are not interested in a non-match, they will use a probability of a match like it was a set of fingerprints (which are unique). A 7 million to 1 chance of a match means there are 1,000 other people out there that have the same odds of matching. To me that is reasonable doubt. I've been on two juries where DNA was not used (or necessary). They would be wise to not want me on a jury if they are going to try to use DNA to prove someone guilty. The Supreme Court should order DNA testing of everyone on death row and all the evidence that may contain DNA in the case. Having said all the above you should be aware that I support the death penalty.
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HUFFPOST BLOGGER
David Protess
01:09 AM on 11/08/2011
The new Texas law is designed to ensure post-conviction DNA testing for all prisoners, though few cases actually have DNA evidence.
Great point about DNA. It's only as accurate as the people who interpret it, and can be misused.
Thanks for sharing your views on the death penalty. Are they necessarily the issue in Skinner's case? Does anyone, pro- or anti-capital punishment, want to see an innocent person executed?
11:54 AM on 11/10/2011
No, the new Texas kaw is NOT desighned to ensure post conviction DNA for all prisoners.

Thank goodness there are some limiting provisions.
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Pringle62
08:46 PM on 11/07/2011
Skinner needs help from the Innocence Project.
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HUFFPOST BLOGGER
David Protess
01:02 AM on 11/08/2011
The Innocence Project graciously sent a "friend of the court" letter yesterday to the Court of Criminal Appeals. They have strongly supported the testing.
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Sheldon archer
Our facebook is Yuyun Archer
06:08 PM on 11/07/2011
Sounds like Texas justice to me and Perry will go ahead with the execution if he can. He'll have a chat with Jesus about it of course
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David Protess
01:01 AM on 11/08/2011
Be kind.
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HUFFPOST SUPER USER
Sheldon archer
Our facebook is Yuyun Archer
05:59 AM on 11/08/2011
I am kind to people who are kind
05:57 PM on 11/07/2011
have they ordered the DNA tests as of yet?
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HUFFPOST BLOGGER
David Protess
06:55 PM on 11/07/2011
Nope. It's "just" a stay. Now they'll finally decide whether the tests should be ordered. Stay tuned.
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lainey
Always remember Troy Davis.
05:45 PM on 11/07/2011
Many thanks again to you and your students Mr. Protess. I was standing on the steps of the Cannon Building with signs in hand for Hank when someone called with the good news. I thanked God, you and all of those who signed on and spoke out. We must keep working. Innocence matters. Evidence must be tested, and most of all, we must end the death penalty. I have renewed faith that we can do it. Thank you!!
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David Protess
06:08 PM on 11/07/2011
Thank YOU, Lainey, for contributing to a different outcome than the one endured by Troy Davis. You've kept him alive through constructive acts.
But the Skinner case isn't even close to being over. Keep the heat on.
HUFFPOST SUPER USER
lainey
Always remember Troy Davis.
06:59 PM on 11/07/2011
We will certainly keep the heat on knowing that the stay is the first victory, not the last. My rekindled faith tells me that we are on the right path though. We march on every single day until justice for Hank arrives. And for all of those that follow. Kindness.
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Carlene Sorrells
Penny for your thoughts!
05:38 PM on 11/07/2011
Good to hear he got a stay this afternoon. Now let's see what the next round of DNA tells us so we can do whatever is right and just, one way or the other.
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David Protess
06:57 PM on 11/07/2011
Exactly, assuming he gets the tests. Check my blog tomorrow for more about this. Thanks for your post.
05:11 PM on 11/07/2011
this makes me sick!! what is the DA so afraid of? to have to admit they have wrongly imprisoned a man?? IF NOT......DO THE TESTS-------if you plan to put him to death BY A NEEDLE he is OWED the same damned needles to test the DNA!!! All I can say is that is some CORRUPT bs and this man is owed a chance to prove himself innocent
If Texas denies a prisoner DNA testing days before execution maybe we all need to start a petition and rattle some ties in Texas!!
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David Protess
06:05 PM on 11/07/2011
You sound pissed. Direct your anger by signing the petition that's linked at the bottom of my post today.
05:06 PM on 11/07/2011
How many innocent people will Texas kill? The death penalty is the most outdated form of cruelty and we consider ourselves a modern society...
12:06 AM on 11/08/2011
Texas should only kill the proven murderers so the victim's families can have some relief. DNA should be mandatory in the case of a murder.
04:42 PM on 11/07/2011
So it would seem Texas found a way to continue to avoid DNA testing as the stay of execution is to determine IF the DNA testing will indeed be done. Incredible.

http://www.theagitator.com/2011/11/07/skinner-will-get-dna-testing/
05:22 PM on 11/07/2011
Concerned Taxpayer,

Dare to guess how many millions in tax dollars have been spent on Skinner the past 18 years? Regardless of your stand on the issue, it is simply not fiscally responsible to charge tax payers to fight these death penalty cases.
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HUFFPOST BLOGGER
David Protess
06:04 PM on 11/07/2011
Someone should look into this question. Countless millions would have been saved by simply testing all the evidence back in 2000. More on this in my post tomorrow.
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PrisonReformMvt
America Home of the Free, Land of the Incarcerated
04:09 PM on 11/07/2011
A spokesperson in Texas Gov. Rick Perry's office has confirmed that a stay of execution has been granted for Hank Skinner, the Texas man convicted in 1995 for the murder of his girlfriend and her two adult sons two years earlier. The stay comes from the Texas Court of Criminal Appeals, not Perry himself.
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HUFFPOST BLOGGER
David Protess
06:02 PM on 11/07/2011
Correct. Thank you!