"LEGALLY THE JUDGE HAS 10 DAYS FROM THE DAY HE SIGNS THE ORDER SETTING AN EXECUTION DATE TO THE DAY HE SENDS THE DEATH WARRANT TO THE PRISON WARDEN. THE ORDER WAS SIGNED ON OCTOBER 20TH BUT THE DEATH WARRANT WAS NOT SENT TO THE PRISON WARDEN UNTIL NOVEMBER 13TH. IF ALL ELSE FAILS, THE PROCEDURE MAY BE CANCELED AND THE JUDGE WOULD HAVE TO START ALL OVER AGAIN - IE. ISSUE A NEW ORDER AND SEND A NEW DEATH WARRANT TO THE PRISON WARDEN. THAT COULD POSTPONE THE ISSUE BY 35 TO 40 DAYS. IN THE MEANTIME, WE ARE HOPING THAT A SOLID STAY WILL BE ISSUED AND THAT THE DNA TESTING WILL BE ORDERED."
UPDATE ON LEGAL DEVELOPMENTS: TEXAS DEATH PENALTY BLOG;
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BACKGROUND: The editor of the Texas Tribune says in a note that "Hank Skinner is set to be executed for a 1993 murder he's always maintained he didn't commit. He wants the state to test whether his DNA matches evidence found at the crime scene, but prosecutors say the time to contest his conviction has come and gone......We told the story of the murders and his conviction and sentencing in the first part of this story." Reporter Brandi Grissom, author of the Tribune series on Hank Skinner, writes: "I interviewed Henry "Hank" Watkins Skinner, 47, at the Polunsky Unit of the Texas Department of Criminal Justice — death row — on January 20, 2010. Skinner was convicted in 1995 of murdering his girlfriends and her two sons; the state has scheduled his execution for February 24. Skinner has always maintained that he's innocent and for 15 years has asked the state to release DNA evidence that he says will prove he was not the killer."
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The following update was posted yesterday on the the Texas Death Penalty Blog.
"On February 8th, Hank's attorney filed a motion in state court to vacate the order setting an execution date and recall void death warrant," the update begins.
"There is a problem with the death warrant," it continues.
"Legally the judge has 10 days from the day he signs the order setting an execution date to the day he sends the death warrant to the prison warden. The order was signed on October 20th but the death warrant was not sent to the prison warden until November 13th. If all else fails, the procedure may be canceled and the judge would have to start all over again - ie. issue a new order and send a new death warrant to the prison warden. That could postpone the issue by 35 to 40 days. In the meantime, we are hoping that a solid stay will be issued and that the DNA testing will be ordered.
On February 12th, his attorneys filed two documents with the US Supreme Court. The first one is the application for a stay of execution and the other is a second petition for writ of certiorari concerning the dismissal of their complaint against the Gray County D.A. This covers very important ground that, if the US SC accepts the
case, would help many other cases.
On the front of visitation, the French Consulate has been of great assistance and we worked this week on getting TDC to grant me a visit with Hank this week and another next week, since I still haven't heard anything back from the DRC on my 3rd appeal. Unfortunately, this was denied and apparently my 3rd appeal was denied. However they did get my correspondence rights back... If Hank doesn't have a stay by February 22nd, I "should" be allowed last visits.
New actions and efforts for those who wish to support him will be announced next week.
Thank you all very much for your support and don't forget Hank, drop him a line or a card, he surely needs to hear all the voices from the free world who are standing up for him and with him."
The update is signed by Sandrine Ageorges-Skinner
It can be found at:
http://texasdeathpenalty.blogspot.com/2010/02/hank-skinner-update.html
