"TO ME, THE MOST COMPELLING ARGUMENT IS THIS: AS THE FOREGOING REVIEW OF THE EVIDENCE SHOWS, MR. SKINNER IS NOT THE PERSON WHO SHOULD HAVE BEEN CONVICTED OF THE MURDERS OF TWILA BUSBY AND HER SONS. EQUALLY DISTURBING, HOWEVER, THERE IS DNA EVIDENCE IN THIS CASE THAT HAS NEVER BEEN TESTED. THAT EVIDENCE, IF TESTED, COULD--AND MR. SKINNER ADAMANTLY MAINTAINS, WOULD--ESTABLISH HIS INNOCENCE."
MICHAEL LANDAUER: EDITOR; THE DALLAS NEWS;
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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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"If you've wondered whether DNA testing would really make a difference in the Hank Skinner case -- of if it's just a desperate plea to save the man's life -- you should really read this letter prepared by his lawyers," the commentary by Dallas News Editor Michael Landauer, published on March 12, 2010, under the heading "Making the case for DNA testing in the Hank Skinner case," begins.
"It explains in detail why DNA testing would provide new evidence that the jury never had a chance to consider," the commentary continues.
"This letter is written to Rick Perry in an effort to gain a 30-day reprieve. To me, the most compelling argument is this:
As the foregoing review of the evidence shows, Mr. Skinner is not the person who should have been convicted of the murders of Twila Busby and her sons. Equally disturbing, however, there is DNA evidence in this case that has never been tested. That evidence, if tested, could--and Mr. Skinner adamantly maintains, would--establish his innocence.
To date, Mr. Skinner has asked for DNA testing of seven items: (1) vaginal swabs taken from Twila Busby at the time of her autopsy; (2) Twila Busby's fingernail clippings; (3) a knife found on the front porch of the Busby house; (4) a knife found in a plastic bag in the living room of that house; (5) a dishtowel also found in that bag; (6) a windbreaker jacket found in the living room next to Ms. Busby's body; and (7) any hairs found in Ms. Busby's hands that have not been destroyed by previous testing. According to the State, all these items still exist; they are in a condition that would permit forensic DNA testing to be performed; and an appropriate chain of custody has been maintained to safeguard their integrity. Below, we explain why DNA testing of these items very likely will produce relevant results that resolve the question whether Mr. Skinner is innocent or guilty.
Testing the vaginal swabs could yield important results because when Ms. Busby's body was found, her shirt was pulled up and her pants unzipped. (Tr. 24:229.) The medical examiner found erythema, or reddening of the skin, around her vaginal area, indicating recent sexual activity. (Tr. 28:1206.) The identity of the person with whom she had sex shortly before her murder could shed important light on who attacked her. The failure of the State to test these swabs is inexplicable.
The same is true of Ms. Busby's fingernail clippings. It is reasonable to believe, based on the nature of her injuries, that Ms. Busby struggled with her attacker. That being the case, it is highly likely that her fingernail clippings could yield the presence of the assailant's DNA. Similarly, the medical examiner acknowledged that the hairs found in Ms. Busby's right hand could have come from her murderer. (Tr. 28:1216.)
The knives, either of which could have been used to kill Ms. Busby's two sons, could likewise yield the DNA of the person who used them. In addition, the absence of Mr. Skinner's blood on those knives would disprove the prosecution's theory that the profusely bleeding cut in the palm of Mr. Skinner's hand was self-inflicted when the knife he used to kill Randy Busby first struck Busby's shoulder blade, causing Mr. Skinner's hand to slide down the blade. (See Tr. 28:1203.) Eliminating that inference would prove that Mr. Skinner's injury was a defensive wound, consistent with his claim of innocence.
The bloody dish towel could have been used by the killer to wipe blood from his hands.
Finally, the ownership and presence of the windbreaker jacket found next to Ms. Busby's body has never been explained. It is similar to one that Debra Ellis testified she often saw Donnell wearing, (R. I:30), it was Donnell's size, and it contained hairs and sweat stains that, if tested, could identify its owner. Thus, exonerating test results on all or a combination of these items could prove Mr. Skinner's innocence. For example, if the jacket turns out to be Donnell's and his DNA is found under Twila Busby's fingernails, that alone would establish beyond a reasonable doubt that Donnell, not Mr. Skinner, was the murderer. The presence of Donnell's DNA on other objects, such as the knives or the cup towel, would only add further confirmation to that conclusion. Even if Donnell's DNA is not found, if the same DNA profile is found on more than one item from the crime scene (if a single DNA profile is found say, both on the weapons and under Ms. Busby's fingernails), and that profile does not belong to Mr. Skinner, that result would effectively prove Mr. Skinner's innocence. Thus, there are several different ways in which the results of DNA testing on these never-tested items of evidence could conclusively prove Mr. Skinner's longstanding claim of actual innocence."
The commentary - complete with the entire letter from Mr. Skinner's lawyers to Governor Rick Perry - can be found at:
http://deathpenaltyblog.dallasnews.com/archives/2010/03/making-the-case-for-dna-testin.html
Harold Levy...hlevy15@gmail.com;
