Skinner Lawyer: DNA Decision Likely Up to State Court
Following a hearing today in federal court in Amarillo, a lawyer for death row inmate Hank Skinner said it will likely be up to the state courts to decide a decade-long fight over DNA testing in his case. Skinner is scheduled to be executed Nov. 9.
Skinner was convicted in 1995 of killing his live-in girlfriend and her two sons in Pampa. He has maintained his innocence from the start, arguing that he was too inebriated from a mixture of vodka and codeine to overpower the three victims. He argues the DNA testing he seeks could show that another man ...
Comments (16)
A. Bryant
Is a DNA test really more expensive than all the appeals? Is the DNA more expensive than the possibility of executing an innocent man?
Someone please correct me but it is my understanding that the accused must ask for the DNA at the time of his initial trial. Often times the defense attorney does not tell the assaliant he has this right or the attorney is afraid it will prove the accused guilty, also; the state appointed attorneys do not have the knowledge to handle a life or death sentence. I will not mention all the deals that go on under the table.
Thomas Prentice via Texas Tribune on Facebook
ALL DNA should be tested, PERIOD, NO EXCEPTIONS.
Dale H Curry via Texas Tribune on Facebook
"If Skinner is allowed to test this DNA evidence, then every guilty criminal defendant will want to forgo DNA testing at trial and then use the untested DNA evidence as a post-conviction litigation tool to endlessly delay or hinder implementation of the sentence," state lawyers wrote in a brief to the court.....Wow. Just how many cases where a convicted man is proven innocent before the state stop spending god awful amounts trying to keep potentially innocent men/women from death? How man Cameron Todd Willinghams have to die before the state stops delaying and spending way more fighting testing? This is insanity, and the only reason TX is opposed to testing is the results will show that it is highly likely Texas has killed more innocent people that Cameron Willingham. This is not justice!
Dudley Sharp
Hank Skinner: Already guilty by DNA
Dudley Sharp
Pre trial DNA testing:
" . . . DNA testing of two of the blood stains on Mr. Skinner's shirt were consistent with (murder victim) Twila Busby's DNA, while a third blood stain was consistent with Mr. Skinner's DNA. DNA testing of blood stains on Mr. Skinner's jeans showed a mixture of blood from Twila and her (murdered) son Elwin, and two other blood stains were consistent with Elwin's DNA." (A)
"(1) . . . the defense hired a DNA expert who evaluated the State's evidence and found no basis for challenging the results;
(2) that certain DNA test results, such as for the blood stains on Mr. Skinner's clothing, had been damaging to the defense's case and counsel did not want to run the danger of uncovering even more damaging evidence;
(3) that the "DEFENSE'S" blood spatter expert determined that widespread amounts of blood stains on the clothing Mr. Skinner was wearing when he was arrested a few hours after the murders were inconsistent with Mr. Skinner's story that he had lain comatose on the sofa only a few feet away from where Twila was beaten and strangled to death;
and
(4) that Mr. Skinner's videotaped statement to police about how he and Twila had fought with a stick (which police found imbedded with blood and hair, and laying near Twila's body) was also inconsistent with Mr. Skinner's alibi." (A)
"All evidence was available for forensic testing prior to trial had Mr. Skinner's attorneys Harold Comer and Kenneth Fields chosen to do so." (A)
"(The defense) made a strategy decision to not have (more DNA tested)." (A)
"Prosecutors tested some but not all of the evidence from the crime scene. Some of it pointed toward Mr. Skinner, who never denied that he was present, but some did not. His trial lawyer, wary of what additional testing might show, did not ask for it." (B)
I think Skinner will fail to meet his burden to get additional DNA testing, as per SKINNER v. SWITZER (C), just as he should fail.
Deja Vu (Roger Keith Coleman) all over, again - another anti death penalty deception and debacle.
Here is a website contradicting Skinner's claims.
http://www.hankskinner.com/facts.html
(A) From "DA responds to Skinner's Supreme Court case"
http://www.connectamarillo.com/news/story.aspx?list=195070&id=461288
(B) "Justices Allow Inmates to Sue for DNA Testing", (As usual, a good review) by Adam Liptak, NY Times
http://www.nytimes.com/2011/03/08/us/08scotus.html?_r=2&src=twrhp
(C) SKINNER v. SWITZER,
No. 09–9000. Argued October 13, 2010—Decided March 7, 2011
http://www.supremecourt.gov/opinions/10pdf/09-9000.pdf
As per the dissent, this decision opens up additional appellate avenues, through a civil rights claim, and in violation of previous decisions.
We just can't help but offer all additional gifts to murderers.
This decision undermines a reasonable and accepted claim for trial strategy, while allowing petitioner to, years later, explore a strategy he previously had rejected or hadn't considered, effectively accepting a new route for a new trial or appeals and getting every possible bite at that apple.
It seems to open up any criminal case that can argue the original trial strategy blocked claims which might have benefited the defendant, even when those claims were properly excluded, and, now, opening up multiple opportunities for new trials or appeals, whenever a convicted party is unhappy with the original outcome. What convicted party wouldn't avail themselves of this new avenue for appeal? All will.
A. Bryant
I would rather pay for one" Proper " DNA test than one possible wrong execution! Often times a DNA is done but not the proper DNA and prosecuting attorneys can word the results to sound proper, or hide the proper DNA and evidence as D.A. Bradley and Prosecutor Ken Anderson (now a Judge) has done. I have to wonder how many innocent men and women have been executed or sent to prison for life in the State of Texas - Gov. Perry leads by example yet he claims to be a Christian. What a joke and he is a joke. Under Perry's term alone, he has had more inmates executed than all the other states in the USA and more than the two highest execution states ... combined! Any person who request a DNA to prove they are innocent, at any time they ask for it, should be granted one.
Dudley Sharp
To A Bryant:
Perry has so many executions, only because he has been governor for so long. Both George Bush and Anne Richards had many more, per year, than has Perry.
It is the juries and judges who determine who is executed in Texas.
Nobody wants an innocent executed and there is every reason to find that Skinner is guilty of the 3 murderes, not just via the DNA already tested, but other evidence as well.
A. Bryant
@ Dud...Whatever...
You will never convince me to go against "PROPER" DNA TESTING! I NEVER mentioned the name HANK SKINNER...you did.
I will, however; mention the name Cameron Willingham! There is another inmate on Death Row at Polunsky Unit who has been there for 14 years and has been begging for "Proper DNA testing" to prove he is innocent and I believe 100% he is innocent and should have the proper DNA testing. There have been 67 men who were on death row for 14 to 27 years who have been exonerated when the proper DNA was done. False witnessing is the second biggest reason for executions. I still believe DNA testing in not nearly as expensive as executing an innocent man. I also believe D.A. John Bradley and Prosecutor (Judge) Ken Anderson should serve 25 years (no parole) for hiding evidence! In fact, Supercutsperry should be in there with them in pink panties and pink tights in a State prison and not a luxurious, air conditioned, hotel/federal prison while they man-up and grow a pair. I still wonder how many innocent inmates have been executed...Dud, do you know the answer to that question?
Dudley Sharp
To A. Bryant:
Skinner had "PROPER DNA TESTING!", pre trial.
It was crucial in convicting him, as I already reviewed, above.
Then, Skinner decided, also pre trial, that part of "PROPER DNA TESTING!" was to deny further testing of additional DNA evidence because Skinner knew that additional results would further hurt Skinner's case.
That is, of course, the only reason Skinner would stop further testing.
Now, in a successful effort to delay his execution, even more, Skinner files motions to test the material he previously rejected additional testing for.
Skinner wants to live longer, just as Twila and her sons did.
Of course, if Skinner succeeds, this sets a precedent that no matter what choices a defendant makes for trial strategy, pre trial and at trial, and if those decisions result in conviction, then the defendant, if they managed their pretrial decsions just so, can go back and say, wait a minute, I don't like the outcome of my trial, I want a do-over, via new trial or appeals, so maybe I can get a better result next time.
It is a horrible precedent, which the state must fight and all criminals and defense counsel are drooling over, for very good and obvious reasons.
Dudley Sharp
To A. Bryant:
You may be unaware that there is now more evidence of Todd Willingham's guilt, than there was, previoulsy.
Please review:
"Cameron Todd Willingham: Another Media Meltdown", A Collection of Articles
http://homicidesurvivors.com/categories/Cameron%20Todd%20Willingham.aspx
The false innocence claims by anti death penalty activists are legendary. Some additonal examples:
4) "The Innocent Executed: Deception & Death Penalty Opponents"
http://homicidesurvivors.com/2009/10/08/the-innocent-executed-deception--death-penalty-opponents--draft.aspx
5) The 130 (now 138) death row "innocents" scam
http://homicidesurvivors.com/2009/03/04/fact-checking-issues-on-innocence-and-the-death-penalty.aspx
6) Sister Helen Prejean & the death penalty: A Critical Review"
http://homicidesurvivors.com/2009/05/04/sister-helen-prejean--the-death-penalty-a-critical-review.aspx
7) "At the Death House Door" Can Rev. Carroll Pickett be trusted?"
http://homicidesurvivors.com/2009/01/30/fact-checking-is-very-welcome.aspx
A. Bryant
@ Dud, Okay, Enough already, I get it and thank so for all your information; I'm beginning to think your are stocking me or you just got a hard-on.
Inv. A. Bryant
There was no DNA done on the rape kit, there was no DNA done on the sweaty man's jacket found in the house which did not belong to Skinner. Hank has not had the "proper DNA" testing, the DNA only proves he was there. I have to wonder Dud, do you get off while watching executions? You can watch one on the PD site now. I don't know if Skinner is guilty or not but all the nasty things you have said; I am hoping that he is innocent now. He has served his time and only needs to go to drug re-hab now. I am sick to death of learning of all the innocents they have been murdered in the name of justice and lying, cover-ups being done and refusal of using the new/advanced scientific searches that we have access to. I am one of the 83% that believes in the death penalty, however; I am also one of the 85% who believe innocent inmates have been straped down to the gourney and executed!
Dudley Sharp
Bryant:
It would help if you would red prior to replying.
The blood evidence said a lot more than he was there. The blood evidence conflicted with Skinner's nonsense that he was passed out during the attack, his only defense, which is subverted by his own blod spatter expert, as well as much other evidence.
Plus, his confessions put a complete end to his alleged defenses.
Bryant, you wrote:
"I am sick to death of learning of all the innocents they have been murdered in the name of justice . . ."
And those would be? Names please.
Inv. A. Bryant
@Dud
Are you trying to say that there has never been an innocent inmate murdered by the State of Texas? You must think you are Gawd.
Cameron Willingham was murdered with out Justice being served? I did not say anything about BLOOD, you did! I said there was no DNA done on the man's sweaty jacket that was there in the house that did not belong to Skinner, nor DNA done on the rape kit. You need to read my words and stop putting your words in your responses and claiming them to be mine.
I would rather pay for a DNA test any day than an execution and never know for sure; are you afraid you will be proven wrong and look like a fool with all the bs you have written here? All DNA should be tested and all "modern science" should be used verses blocking it as Rick Perry did in the case of Willingham! Go back to your Pro Death site where you are welcomed. I believe in JUSTICE being served all the way. If he is guilty then why don't you volunteer to kill him yourself, if he is innocent, then let him go free. There is an innocent death row inmate at Polunsky who has been begging for "PROPER DNA TESTING" for 14 years. The Un-Justice system says they have DNA on the weapons but the DO NOT say whose DNA it is. Feel free to check out Louis C. Rios. What is it that I am supposed to "red", and who (names please) is " by his own blod spattered expert"? You need to read what you say prior to sending it and check your spelling. It is hard enough to understand you must less with your made up words.
Dudley Sharp
Bryant:
Both the blood spatter evidence, implicating Skinner in the murders, and Skinner's confessions are relevant to the fact that Skinner has always had little to no defense.
I was sticking to topic.
Evidently you are unaware that Skinner stated in his confession that he caught Twila in bed with another man, the day Skinner murdered her and the twins. I suspect the rape kit might show she had sex, but there was no evidence a rape had occurred with the autopsy. So any sperm which is not Skinner's, will simply confirm that Skinner, by his own admission, had more motive to murder Twila and the twins.
I thought Twila's mom had confirmed that the jacket was Twila's, but I'll have to go back and review.
Bryant, I don't try to say things, I either say them or I don't.
I asked you a specific question which you didn't answer. Let's try it again.
Bryant, you wrote:
"I am sick to death of learning of all the innocents they have been murdered in the name of justice . . ."
And those would be? Names please.
You gave only one name, Willingham, yet you stated "all the innocents".
That is plural. Bryant, for a second time, which cases are "all the innocents" executed cases you have "learned" about?
As reviewed, already, there is zero evidence of Willingham's actual innocence and there never will be such evidence in his case.
I suspect, based upon your claim, that your sources for that case have been based, solely, from anti death penalty commentary.
No, I am not concerned about being wrong in the Skinner case. I have always believed the DNA would be tested in his case.
Only a complete idiot would believe that Skinner would refuse, pre trial, additional DNA testing when he knew it would prove his innocence.
Only the unthinking believe Skinner, who is quite smart, would decide: "Ok, I'll risk the death penalty over being set free", which is, exactly the scenario the anti death penalty morons are putting forth.
Do you understand that is the Skinner position? Of course, Skinner knows that additional DNA testing will not help him or it will harm him, the only reason for the pre trial denial.
You and I might like all of the evidence to be tested and presented in all cases, but that is not our call.
Both prosection and defense have some control over what they can test and, then, only within the strict guidlelines of admissable evidence.
I would have much preferred all the evidence be tested, pre trial, in the Skinner case, but Skinner knew that to be a very bad idea, the only reason he refused it.
Now, sadly, the untested DNA is being used by Skinner to delay the inevitable, as he games the system, even more.
The state must fight it, as they should, in an attempt, to prevent such abuses in the future. Sadly, I think the state will lose and more murderers and their defense counsel will be able to use the same abuses in the future. Skinner got his wishes, he murdered Twila and the twins, got his long delay, will get the DNA tested, which cannot save him, and justice will, finally, be done.
NOTE:
I apologize for my typing. It can be horrible and I should spell check.
Your last sentence was:
". It is hard enough to understand you must less with your made up words. "
I think you meant "much", instead of "must", did you not? And there should have been a coma after "you", I believe. Yes? I think you spelled Gawd, incorrectlly, as well.
Guess what? I don't care. I think we are dealing with much heavier topics and you fully understood everything I said, as you, already, made clear.
And I made up not one word. I, simply, mistyped - something I will try to correct, as it is such a distraction for you that you forgot to identify "all those innocents" executed!, a, somewhat, more relevant topic.
Sometimes I type phonetically, which is not a misspelling, but a train of thought issue.
Inv. A. Bryant
@ Dud,
...YAWN! "ALL PROPER DNA" SHOULD BE TESTED...PERIOD!
All your arguing, talking, writing, and record reviewing will ever convince me to change my morals or convictions. You must have ego and money invested in this case. Move on, get over yourself, and wait until all the DNA results are disclosed; then you can whoop it up and crow over your notes if you turn out to be corrupt...I mean correct.
You must be a very miserable, hateful, little man... Gawd bless you darlin, and; Gawd bless our Un-Justice System! Every man and woman deserves a "fair' trial, however; many Texas inmates are not receiving one with all the under the table deals, inexperienced appointed attorneys just out to win and make a buck regardless of who they hurt and the unfairness of hiding evidence to defence attorneys and the jury. That being said, I believe in all "proper" DNA test in all cases and modern science being used in criminal investigations. There is nothing you can say that will convience me otherwise.
Dudley Sharp
Sadly, your YAWN is a reflection of your inability to stick to topic and address the important concerns which I addressed, repeatedly, and which you have run away from.
I addresses each topic, presisely as we discussed them and in detail. That is how a productive discussion is supposed to continue, but you decided to get personal and evade precise topics.
No yawns, here, just dissapointment in your refusal for a more mature discussion.