"WE HAVE JUST POSTED OUR EDITORIAL SET FOR TOMORROW'S PAPER URGING GOV. RICK PERRY TO DO THE RIGHT THING AND DELAY WEDNESDAY'S PLANNED EXECUTION OF HANK SKINNER. IS HE GUILTY? HONESTLY, I DON'T KNOW. I TEND TO THINK JURIES GET THINGS RIGHT MOST OF THE TIME, BUT IN THIS CASE, THERE IS A LOT OF EVIDENCE THAT NEEDS TO BE DNA TESTED TO BE SURE. I AM HOPEFUL GOV. PERRY WILL DO THE RIGHT THING. THERE IS NO DOWNSIDE TO ORDERING A 30-DAY REPRIEVE. THE UPSIDE IS THAT HE LOOKS LIKE SOMEONE INTERESTED IN THE TRUTH AND INTERESTED IN THE KIND OF CERTAINTY THAT THE PROPER DISPENSATION OF THE DEATH PENALTY REQUIRES."
MICHAEL LANDAUER: EDITOR; THE DALLAS DAILY 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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"The Texas Board of Pardons and Paroles has decided against Hank Skinner in the high-profile case where a long list of evidence remains untested even though DNA might point to a plausible defense theory about another suspect," Editor Michael Landauer's post, published late this afternoon after the Texas Pardons and Parole Board rejected Mr. Skinner's bid for clemency begins, under the heading "All eyes on Texas Gov. Rick Perry in Hank Skinner DNA case.
"That means Gov. Rick Perry is Texas' last chance for a reprieve (the Supreme Court is also looking at issues in the case), the post continues.
"We have just posted our editorial set for tomorrow's paper urging Gov. Rick Perry to do the right thing and delay Wednesday's planned execution of Hank Skinner. Is he guilty? Honestly, I don't know. I tend to think juries get things right most of the time, but in this case, there is a lot of evidence that needs to be DNA tested to be sure. I am hopeful Gov. Perry will do the right thing. There is no downside to ordering a 30-day reprieve. The upside is that he looks like someone interested in the truth and interested in the kind of certainty that the proper dispensation of the death penalty requires."
From our editorial:
If Perry is concerned about appearing soft on crime during his re-election campaign, he could cite the example of his immediate predecessor.
It was June 2000, and Gov. George W. Bush was running for president. The national media and legal community were watching intently how he handled the case of death-row inmate Ricky McGinn, facing execution in the rape and murder of his stepdaughter in Brown County. McGinn, too, sought forensic tests on evidence in the case, and Bush granted a last-hour reprieve to allow for DNA analysis that was unavailable at the time of trial.
Bush said about his decision: "Any time DNA evidence can be used in its context and be relevant as to the guilt or innocence of a person on death row, we need to use it."
As it turned out, test results backed up prosecutors in the McGinn case. Less than four months later, McGinn went to the death chamber with no questions of innocence hovering."
The post can be found at:
http://deathpenaltyblog.dallasnews.com/archives/2010/03/all-eyes-on-perry-in-skinner-c.html
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The entire editorial:
Editorial: Hold up Skinner execution for DNA tests
"The state's determination to execute Hank Skinner tomorrow should make even death-penalty supporters go pale.
Key evidence in the 1993 murder case has never undergone DNA analysis. Skinner may be guilty of a bloody triple slaying in Pampa, but every sliver of doubt must be eliminated before the state exercises its life-or-death authority.
We trust that Gov. Rick Perry agrees with that, and we urge him to use the power of his office to postpone tomorrow's planned execution as insurance against miscarriage of justice. The Texas Board of Pardons and Paroles decided against Skinner on Monday, which means a temporary reprieve by the governor may be the last chance to buy time to carry out critical forensic tests. State courts and the prosecution have thwarted proper DNA analysis, but Perry ought to send the message that Texas settles for nothing less than absolute certainty.
If Perry is concerned about appearing soft on crime during his re-election campaign, he could cite the example of his immediate predecessor.
It was June 2000, and Gov. George W. Bush was running for president. The national media and legal community were watching intently how he handled the case of death-row inmate Ricky McGinn, facing execution in the rape and murder of his stepdaughter in Brown County. McGinn, too, sought forensic tests on evidence in the case, and Bush granted a last-hour reprieve to allow for DNA analysis that was unavailable at the time of trial.
Bush said about his decision: "Any time DNA evidence can be used in its context and be relevant as to the guilt or innocence of a person on death row, we need to use it."
As it turned out, test results backed up prosecutors in the McGinn case. Less than four months later, McGinn went to the death chamber with no questions of innocence hovering.
The Skinner appeal is more complicated; it involves credible charges of falsified trial testimony as well as post-trial evidence that allegedly points to a different suspect, a relative of the victim with a history of violence.
What's more, there was no DNA testing of a long list of physical evidence, including hair found in the one of the victim's hands and fingernail clippings, which could point to the identity of the killer.
Any responsible person asked to pass judgment on Skinner's role in the slayings would want to see the results of tests on these items. Justice for the victims demands it as well.
The governor stands with the majority of Texans in support of the death penalty, a position this newspaper does not share. We think a fallible justice system should not be in the business of extinguishing life.
Despite that difference in philosophy, there must be common ground in one regard: The finality of Texas justice should be airtight."
The editorial can be found at:
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-skinner_23edi.State.Edition1.2bc7427.html
The Dallas Morning News breakdown of the Skinner case:
The Skinner case
The crime: Twila Busby, 40, was beaten to death in 1993, and her grown sons Elwin Caler and Randy Busby were stabbed to death, in her Pampa home.
Incrimination: Her boyfriend, Hank Skinner, 31, a petty criminal, had blood on his shirt the next morning and was charged with capital murder.
Defense: His attorneys said he had consumed too much alcohol and drugs to do the killings, and they pointed to another possible suspect.
Untested evidence: Appellate attorneys seek DNA tests on two knives found at the scene, a bloody dishtowel, hairs in Ms. Busby's hands, her fingernail clippings, a vaginal swab and a windbreaker jacket."
Harold Levy...hlevy15@gmail.com;
