"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!"
JUDGE LEE SAROKIN: THE HUFFINGTON POST; (Retired in 1996 after 17 years on the federal bench);
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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 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," Judge Lee Sarokin's commentary, published earlier today on the Huffington Post begins, under the heading, "Texas and Gov. Perry Apparently Indifferent to the Execution of a Possibly Innocent Man."
"Hank Skinner is scheduled for execution on March 24 -- 4 days from now," the commentary continues.
"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."
The commentary can be found at:
http://www.huffingtonpost.com/judge-h-lee-sarokin/texas-and-gov-perry-appar_b_506963.html
Harold Levy...hlevy15@gmail.com;
