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Judge H. Lee Sarokin

Judge H. Lee Sarokin

Posted: March 20, 2010 11:07 AM

Texas and Gov. Perry Apparently Indifferent to the Execution of a Possibly Innocent Man

What's Your Reaction:

The State of Texas has taken the phrase: "Better that 100 (or 10) men go free than one innocent person be convicted" and turned it on its head to: "Better one innocent man be executed rather than spend 100 minutes conducting tests to prove his innocence". Hank Skinner is scheduled for execution on March 24 -- 4 days from now.

Through the efforts of the Medill Innocence Project at Northwestern University, the following information has been developed, presented to the Texas courts and rejected: The state's star witness recanted her testimony. Toxicology tests indicated that Skinner lacked the strength, balance and agility to commit the triple homicides for which he was sentenced to death. Those findings were recently reconfirmed by a leading toxicology expert. The alleged perpetrator, Robert Donnell was identified by name and a valid motive was provided. Evidence was presented of his later activities suggestive of destroying or covering up evidence.

Prosecutors and the courts have denied DNA tests on 2 bloodstained knives, a rape kit, and hair found in the female victim's hand and skin found under her nails and a windbreaker similar to one worn by another suspect. A respected laboratory has offered to conduct the DNA testing pro bono and the Medill Project also offered to pay the expenses. Mr. Skinner has maintained his innocence throughout.

As I write this, I have no idea whether or not Mr. Skinner is guilty or not of these horrendous crimes. What I cannot fathom is the prosecution and the Texas' courts unfailing efforts to resist a search for the truth. They and now Gov. Perry have within their power the ability to verify or rebut the conviction. Their refusal runs the risk that an innocent man may be executed (possibly not the first in Texas); their acquiescence imposes only a slight delay in that irretrievable event. Faced with those two options, how can there be any answer but to stay the execution and conduct the tests!

Note: I have already written on this matter here.


 
 
 
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12:39 AM on 03/23/2010
It's disheartening that advocacy must focus on selfish interests like the guilt we might feel as a result of executing an innocent person and the cost of death sentence appeals, instead of focusing on the basic wrongness of capital punishment in civilized societies. As the parent of a child with a serious neurological disorder, I am particularly troubled by the execution of people with mental illnesses who are not in full control of their actions. Rather than confront difficult issues like these, our society wants black-and-white answers where everything is reduced to a battle between good and evil.

People who call themselves pro-life Christians are often supporters of capital punishment, yet they see no conflict between their beliefs and their religion's core value of forgiveness. Rather, they find passages in the Old Testament to justify revenge and ignore the message of the New Testament. Perhaps they believe in forgiving and seeking justice, but Jesus didn't tell the stone throwers to forgive the prostitute and then stone her for the sake of justice. While some may disagree on when human life begins, there is no question that capital punishment ends a human life--the only questions are ones of condemnation or forgiveness. Rather than seeking revenge in the name of justice, Christians should honor their faith and consistently take a pro-life stance toward humankind. I'm in favor of removing dangerous people from the streets to protect innocent lives, but am opposed to killing.
03:20 AM on 03/22/2010
if this were rick perry's father, brother, or son, he would never let them die with untested dna sitting on the shelf.
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1murillo
Can't be neutral on a moving train - Zinn
04:38 AM on 03/22/2010
Of course you're right; but that's a "trick" question. That's why we should never try to end an argument with, "What if your sister...?" or to begin an argument with, "If that were my brother..." because we're talking of a state's response, not the inflamed (properly so) emotion of a loved one.
madame48
NO..it's a gop Cookbook !Tempus edax,homo edacior
07:25 PM on 03/21/2010
This Texas thinking is why I will NEVER go to Texas...ever....I don't want to even fly over it.
01:51 PM on 03/21/2010
Andrea Reed recanted *some* not all of her testimony. However, she was impeached with a number of disinterested witnesses. Consequently, the US magistrate did not find her recantation credible at all.

All the defense experts in the world can claim he was too loaded, however, the evidence shows otherwise. The blood evidence proves he is lying when he claimed to be comatose on the couch. He walked 5 blocks to his ex-gf's house immediately after the murders. Three hours later he was found hiding in the closet by the police. Three hours after that, a blood sample is being taken from him. And 4 hours later he is confessing on videotape. You would think the effects of the alcohol and drugs and being up all night, he would have fallen asleep, but nope. Skinner was a hard drinker drug abuser for years.

Enough about the windbreaker. It was not the same one worn by the uncle. The witness said she saw the uncle wearing a tan windbreaker "all the time." The jacket at the scene was gray - not tan.

No skin was recovered from under her nails.

There is plenty more I could say about the misstatements of facts by the people who are claiming he is innocent are repeating, but I've got to run. But I suggest to people that those who are privy to all the facts of the case instead of reading a blog or a defense motion or two, may know more than you.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
05:47 PM on 03/21/2010
5sammy5 - I certainly have never suggested that he was, in fact, not guilty. I simply believe that if evidence exists that may prove his innocence, he should have the opportunity to examine it. Indeed, it could also confirm his guilt, but isn't it better to have this information before his execution rather than after or not at all?
07:27 PM on 03/30/2010
Judge Sarokin: I've lost count how many abolitionist have told me the exact same thing. However, when they misrepresent the evidence and the law to falsely portray the defendant as innocent, that is the same as suggesting they are not guilty.
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HUFFPOST SUPER USER
brandnewstuff
12:55 PM on 03/21/2010
Dear Judge,

Wha bothers me as a Texan to see so many ethics investigation of violating Public Trust. In Texas something is corrupt even with those in public office that deal in secret abuse. All over the US we see Senators, Rep. and people from all walks of life under investigations for abuse of public office and trust... Texas should not be acting independent to constitutional powers and civil rights..

Sad to say our State Officals are attached to the Bush Era and matter needs cared for under due process..

Just thought I would bring up Statism V Justice...

Respectfully,
Jennifer Elaine Elliott
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
01:42 PM on 03/21/2010
Jennifer - Thank you for your comments. However, I don't see instances such as this involving corruption as much as rigidity and lack of compassion. Certainly no one could claim that granting the DNA tests in this case would be illegal----violate the law. All too often strict adherence to rules has become more important than rendering justice. I am pleased to see that many Texans, such as yourself, condemn what is occurring in the state.
mamalisa38
I love you Thomas and I miss you like crazy RIP
10:12 AM on 03/21/2010
Judge Sarokin, in your response to Trex86 you stated that at some time all of us have wished for the death of someone who committed a horrendous crime. That is simply not true.

When I was sixteen my beloved neighbor was murdered, shot in front of his 10 year old daughter. Not for one second did I wish for the murderer to die even though my heart was broken. There is no "closure" with the death penalty.

This was in Michigan and he got what he deserved, live in prison with no possibility for parole. The death penalty is the easy way out for those who commit murder.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
01:47 PM on 03/21/2010
mamlisa38 - I agree that saying "all" rather than "many" was probably incorrect. I mention it only because whenever one speaks in opposition to the death penalty, the defender invariably says: What about Eichmann, Hitler, Timothy McVeigh, etc.? My point is that the mere fact as individuals we may want to have someone executed, should not make it state policy. I am certain that there are many who would not wish death for even the worst among us, such as good people like yourself.
09:34 AM on 03/21/2010
Texas is hell.
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1murillo
Can't be neutral on a moving train - Zinn
05:32 AM on 03/21/2010
People in charge, judges and governors for example, have such great responsibilities, that for every reasonable (to many of us) thought they have, they have dozens of reasons why the most conservative response is the best course of action. And they're surrounded by people that support conservative reactions and sneer at liberal responses.
It's not solely a condemnation of Perry in this case, but the world which we have all created. (In our world, a conservative – read, no pardon of Skinner – reaction by Perry will win him more votes.) Perry will allow the execution - possibly promote it - to prove that he is more conservative than White, so that Perry can win in November.
Unless there's pressure to stop capital punishment, few state governments will do so.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
01:51 PM on 03/21/2010
imurillo - I agree. Protecting the rights of those accused of crimes (or even convicted) is equated with being "soft on crime". It seems that the rules have become more important than justice, and the Constitution a bunch of "technicalities".
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1murillo
Can't be neutral on a moving train - Zinn
05:14 AM on 03/21/2010
GBShaw: "Indifference is the essence of inhumanity”
It's not only in Texas, though the state gives us plenty of examples, but throughout our country that we commonly condemn people to death or multi-year prison terms (which of course promise to socialize the imprisoned to a further life of crime). It's been a truism in (many) state politics that granting pardons is seen as weak. That's why many governors barely consider - at least outwardly - pardons. Even commutations are often seen as weak.
Liberal governors often accept this barbarism as one of the necessary payments to get other parts of their agenda on to the table. Perry won’t allow the tests, nor will he pardon or commute Skinner’s sentence. In this election year Perry will use all powers of the office to win. Unfortunately for Skinner, Perry’s in re-election mode.
The anecdotal use of heinous crimes allows the media to increase readership and politicians to gain attention (votes). No politician trying to win office will even mention "justice" if it's not in the same breath as "...he deserves..."etc.
The use of capital punishment as a deterrent is horribly laughable. Murders and manslaughters aren't preceded by a cost/benefit analysis. We're in the bad habit of executing people because we haven't bothered to consider social effects and we are afraid to speak about causes of crime and alternative means of punishment.
12:24 AM on 03/21/2010
There's a substantial writeup of the Hank Skinner case here: http://www.skepticaljuror.com

It's not just the refusal to test the DNA, though that's egregious. It's the judge's appointment of a lawyer who had prosecuted Skinner in the past, for more money than had ever been paid a public defense lawyer in that state. Just that corruption should have made the trial invalid.
mamalisa38
I love you Thomas and I miss you like crazy RIP
07:58 PM on 03/20/2010
It is truly disturbing that we have such amoral people in charge. What happens to some politicians when they get elected? Are they required to leave their humanity at the door?

I have tried to put myself in the shoes of the prosecutor and the governor and I just cannot imagine that I would ever deny someone the right to a simple DNA test. How in the world do these people live with themselves?

I remember watching a movie, starring Susan Hayworth, when I was about 10 years old. (I'm 51 now) It was based on a true story about an innocent woman put to death in the gas chamber. I will never forget how heart breaking that was and I have been against the death penalty ever since.

The death penalty is barbaric and has no place in civilized society.
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PatA
Juan Martinez! Rock Star!
06:30 PM on 03/20/2010
Judge Sarokin, will you come back and explain this heading to me?

Texas and Gov. Perry Apparently Indifferent to the Execution of a Possibly Innocent Man

Why do people act like everyone that lives in Texas is like RickPerfectHairPerry? There are so many good people here.
But if an article is written with the word Texas in it, most people jump on that word like a dog on a bone.

I sure hope you come back to this article and answer my question, Judge.....
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healthanalyst
Banned from commenting, so?
06:45 PM on 03/20/2010
I'm Texan and I was disgusted that Bush would spend 30 minutes or less going over requests for stays of execution by inmates. There isn't much else to that job. Did he ever commute a single sentence? Out of over a hundred? Something stinks. Even if there was clemency, there was still life in prison without parole.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
09:20 PM on 03/20/2010
PatA - I in no way meant to criticize the people of Texas. It is the State, its prosecutors and courts that have denied DNA testing. I originally entitled the article "The State of Texas and Gov. Perry, etc." but thought it was unnecessary and too long. I am certain that there are many people of Texas who disagree with what has happened to this man.
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TRex86
Enjoying life in West Ohio
06:01 PM on 03/20/2010
During the period in the 70's when capital punishment was banned there was no difference in major crimes versus the times before or after. We rank with Iran and China as one of the few barbaric states that still use the death penalty. America just loves dumb ideas.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
06:39 PM on 03/20/2010
TRex86 - I have always doubted the alleged deterrent effect of capital punishment.. I agree that it is time to end this barbaric practice. Even though at some time all of us probably wished for the death of someone who had committed a horrendous crime, our personal desire for vengeance should not convert to state policy.
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TRex86
Enjoying life in West Ohio
09:52 AM on 03/21/2010
Right. It's a phenomenon curiously opposite to the fact that Europe has long since abandoned the death penalty and assured adequate health care to all its citizens. American exceptionalism has kept us trapped in a Dickensian nightmare where we punish disease (substance abuse) by filling our prisons with non-violent offenders, abandon the poor to die of preventable diseases and execute a few criminals as an "example." I believe the drug laws and capital punishment are the terrorist weapons of American racism.
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07:05 AM on 03/21/2010
State murder is still murder and if you have it you will inevitably murder someone innocent of the crime they're charged with along with inevitably applying the punishment in a biased manner.
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porsche996
an inelastic scattering of photons
05:51 PM on 03/20/2010
Yet another example of why the DP should never be permitted in the United States of America.

An incompetent and or corrupt State or Federal government should not have the power to put it's citizens to death. I'm getting this ghoulish yen to see exactly how many innocent people will be executed before we stop this....will we ever stop executing ourselves?

What self loathing we have.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
06:41 PM on 03/20/2010
porsche996 - Justice Blackmun said it best: "I no longer shall tinker with the machinery of death."
03:44 PM on 03/20/2010
A man's life is at stake and most of these posts are about making fun of Texas. Any of y'all remember the man's name? Quick no looking back at the article.