Texas Death Row Inmate Skinner Awaits Court Ruling
Hank Skinner has been pleading with the state since 2001 — to no avail — to test DNA evidence he believes will prove his innocence. On Wednesday, he is set to walk into the execution chamber in Huntsville to face the ultimate punishment for three murders that he maintains he did not commit.
“I have never had a case where we had to fight 10 years to get DNA tests,” said Nina Morrison, senior staff attorney at the Innocence Project, who has worked on hundreds of cases. “This kind of protracted litigation is extremely rare these days.”
Skinner was convicted in 1995 ...
Comments (26)
Dudley Sharp
Brandi:
To: Dallas Morning News Editorial Board
Are you unaware that Skinner confessed and that the confession was deemed inadmissible, but is part of the appellate record?
Are you unaware that a "completely incapacitated" Skinner, somehow, traveled the 4 blocks from the murder scene, went to his ex girlfriends house, hid in her closet and he was covered in blood from the crime scene?
Are you unaware that Skinner's own blood spatter expert found that Skinner's "passed out" story was inconsistent with the blood being all over Skinner?
Are you aware that Skinner's defense is that he was completely incapacitated the night of the murders, which is contradicted by his confession, by the blood spatter evidence and by his travels to his ex girlfriends house?
Are you unaware that Skinner chose to walk the 4 blocks to his ex girlfriends house, instead of calling the police?
Are you unaware that Skinner refused additional DNA testing because he was implicated by the prior, multiple DNA tests, pre trial, that tied him to the crime scene and he didn't want more DNA to hurt his case?
Are you unaware that the only reason for such denial of additional DNA testing is that Skinner knew additional DNA evidence would harm him even more?
Are you unaware that Skinner, his defense counsel and other death penalty opponents are saying that the untested DNA will prove Skinner innocent, meaning that Skinner decided, pre trial, that it was better to face a death sentence than to face freedom, the only "logic" for Skinner's refusal of the additional DNA testing, when he "knew" it would prove his innocence?
Are you unaware that this is just another anti death penalty fraud?
Mike Kevin
Hi Dudley!
Thank you for your post Mr. Skinner's case. I agree that he may well be guilty.
The Supreme Court did not say he was innocent or order his release. They are not a criminal court, but a court of law. The question the appellate courts considered was not whether he was guilty or innocent, but one of due process. Does a man facing the death penalty has a right to at least argue for access to possibly exculpatory DNA evidence that may prove him innocent? The Supreme Court (correctly, I believe) said he does.
The fact that the Supreme Court rule 6-3 in favor of testing, and the fact that the Texas legislature has repeatedly passed legislation designed to support this right, suggests the desire for certainty in death penalty cases is not a radical, unpopular, or unreasonable view. In death penalty cases, all the evidence should be considered, not simply the evidence the prosecution believes will help their case.
Dudley Sharp
Mike:
SCOTUS did not vote for testing. The simply said Skinner may pursue his desire to seek DNA testing, through a civil rights claim, as opposed the more difficult route of the writ.
Yes, we would all like all of the evidence to be brought forth in every case. But that is not our call.
That is no how due process works.
Skinner had the right to test all the DNA, but refused, based upon the rational decsions that addtional DNA testing would hurt his case, because multiple DNA tests and blood spatter has already attached him to the crime and the crime scene..
Both parties can refuse or accept additonal testing, as they see fit.
What Texas is attempting to prevent, now, in testing the DNA that Skinner refused to test, pre trial, is a very bad precedent, to wit:
In a successful effort to delay his execution, even more, Skinner files motions to test the DNA material he had previously rejected testing, pre trial.
If Skinner succeeds, this sets a precedent that, within certain cases, which can be managed, just so, the defendant will be able to go back and say, wait a minute, I don't like the outcome of my trial, because of the strategy I chose, 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 for which all criminals and defense counsel are drooling over, both for very good and obvious reasons.
Some in the media, inexcuseably, are not presenting those facts to their readers.
William Leavenworth
Do the test. If he fails it, hang him, if he passes it, free him. Texas doesn't need the reputation it is getting for being a polity that supports judicial lynching for political "street cred."
Jim Hsu via Texas Tribune on Facebook
Those courts probably believe that jury is still out on whether DNAs exist.
Dale H Curry via Texas Tribune on Facebook
The fact that Texas AG's office opposed new testing because the courts have ruled against testing twice ignores the intent of state legislature in passage of the new standards by the legislature. The new standards have been clearly developed with the Skinner Case in mind. Willingham, Morton, Skinner and over 40 lives have been ruined/ended in wrongful convictions. How many lives does it take before the state demonstrates it is incapable of implementing the death penalty responsibly?
John Farley via Texas Tribune on Facebook
Let's see: Co$t of a DNA te$t <>= 1 Man's Life???
Anya Khan
If postmortem testing proves him innocent, it will end the death penalty in Texas.
A. Bryant
Many an inmate has been proven innocent with DNA testing " postmotem". Any death row inmate requesting "proper" DNA should have one before the execution takes place...period!
I think some people on this site belong to the Pro Death Site where every single member is hateful and bitter including the two administrators and especially Pam Baker whose lover was on death row and after he was executed, she fell in love with the now executed Mark A. Stroman who hated her so she started the Pro Death Site and took her rejection public by hating of Mr. Stroman.
Don't be mad just because Texans want Justice served for a change. I am not an attorney nor pretend to be one, however; I would rather know if someone is guilty before they are murdered and not afterwards. I would like to see D.A. Bradley and Prosecuting attorney Ken Anderson (promoted to Judge now) spend 25 years in prison with out parole for with holding 3 known pieces of evidence which they knew would have proven a man innocent. The real murderer is still at larged today. 25 years for 25 years...what goes around comes around...the seed you sow, so shall you reap - I believe in justice being served and Texas seems to have problems with that.
Inv. A. Bryant
Skinner has filed his request for testing on several pieces of evidence for more than a decade. "Relevant DNA" testing on a rape kit, biological material from his girlfriends finger nails, a mans jacket with sweat on it, knives, and a bloody towell from the crime scene. Thanks to Rep. Rodney Ellis who is responsible for the Pro DNA Legislation passed with Skinner in mind for "relevant DNA testing" and the other 45 men who have been exonerated from Texas Death Row after "relevant DNA" proved their innocence. Skinner filed his request on these pieces of evidence nearly a decade ago ( since 2001) and has also proclaimed his innocence. It cost more to execute an inmate than it does to run relevant DNA test, espeically when it is a matter of Justice in a life or death situation. Texas is well known for it's Un-Justice System of prosecute and murder them first then test their DNA and grant exoneration after the execution. Some people enjoy executions; Gov. Perry says it does not bother him one bit and even when the Board of Pardons and Paroles (who he appointed himself) recommend exoneration, he continues to refuse it and even stops further investigations. Perry claims to be a Christian; he needs to pray for his on salvation and not rain or that his new best rich friend will bail Texas out of it's 26 BILLION Debt for him. Texas needs a complete overhaul of our Un-Justice system.
Dudley Sharp
To Anya Khan:
A Nov. 2010 poll showed that a majority (81%) believes that innocents have been executed and that a majority (83%) still supports the death penalty (2).
POLL: US Death Penalty Support at 83%
Dudley Sharp, 1/31/11
80% of Americans support the death penalty, when the question asks about specific death penalty eligible murders, as opposed to all murders (1). That percentage has been a constant for some time.
Many of the polls ask about death penalty support for all murders, which results in support ranging from 56-83% (1, 2).
For example, when Gallup asks about truly death penalty eligible murders, Gallup found death penalty opposition falls by 43% and support rose by 25% (1), which would mean 77% support and 20% opposition using Gallup’s 10/6-9/11 poll (2), as with Timothy McVeigh’s (the Oklahoma City bomber’s) execution, 81% supported his execution, with 16% opposed (Gallup 5/02/01), while 65% offer general support for executions for all murders, with 28% opposed (Gallup, 6/10/01) (1). The polls were conducted at nearly the same time.
A Nov, 2010 poll showed that a majority (81%) believes that innocents have been executed and that a majority (83%) still supports the death penalty (2).
(1) "Death Penalty Support Remains Very High: USA & The World"
http://prodpinnc.blogspot.com/2009/07/death-penalty-polls-support-remains.html
(2) a. "(83% 0f) Americans Support Punishing Murder with the Death Penalty", Angus Reid Poll, 11/09/10,
http://www.angus-reid.com/polls/43498/americans-support-punishing-murder-with-the-death-penalty/
b. 80% US death penalty support, 12% opposed – 10/4/11 poll
http://www.angus-reid.com/polls/44070/most-americans-prefer-the-death-penalty-for-convicted-murderers/
Dudley Sharp
Anya Khan
A Nov. 2010 poll showed that a majority (81%) believes that innocents have been executed and that a majority (83%) still supports the death penalty (2).
POLL: US Death Penalty Support at 83%
Dudley Sharp, 1/31/11
80% of Americans support the death penalty, when the question asks about specific death penalty eligible murders, as opposed to all murders (1). That percentage has been a constant for some time.
Many of the polls ask about death penalty support for all murders, which results in support ranging from 56-83% (1, 2).
For example, when Gallup asks about truly death penalty eligible murders, Gallup found death penalty opposition falls by 43% and support rose by 25% (1), which would mean 77% support and 20% opposition using Gallup’s 10/6-9/11 poll (2), as with Timothy McVeigh’s (the Oklahoma City bomber’s) execution, 81% supported his execution, with 16% opposed (Gallup 5/02/01), while 65% offer general support for executions for all murders, with 28% opposed (Gallup, 6/10/01) (1). The polls were conducted at nearly the same time.
A Nov, 2010 poll showed that a majority (81%) believes that innocents have been executed and that a majority (83%) still supports the death penalty (2).
(1) "Death Penalty Support Remains Very High: USA & The World"
http://prodpinnc.blogspot.com/2009/07/death-penalty-polls-support-remains.html
(2) a. "(83% 0f) Americans Support Punishing Murder with the Death Penalty", Angus Reid Poll, 11/09/10,
http://www.angus-reid.com/polls/43498/americans-support-punishing-murder-with-the-death-penalty/
b. 80% US death penalty support, 12% opposed – 10/4/11 poll
http://www.angus-reid.com/polls/44070/most-americans-prefer-the-death-penalty-for-convicted-murderers/
Dudley Sharp
To Inv. A. Bryant:
As I said above, most of us would like to see all the evidence, inclusive of Skinner's confession, that he had a fight with Twila and one of her sons that night, the night he was, fictionally, too incapacitated by alcohol and codeine, a claim fully contradicted by that confession, his travels to his ex girlfriend's house, sewing up his wounded hand, himself, hiding in the closet, not calling the police, covered in blood spatter, consistent with being the murderer.
But due process gives the state and the defendant the right to say no to additional testing, which Skinner did, only because he had been connected to the crime, by other pre trial testing, and he was reluctant to have his guilt reinforced by more DNA - the only reason for such a denial. Understandable.
Only 9 inmates have been released from death rows, nationally, based upon DNA exclusion.
I suspect some dishonest anti death penalty site told you that 45 had been released from Texas' death row based upon DNA exclusion.
I am only aware of one case wherein an inmate was excluded by DNA, posthumously - an inmate who died of cancer while on death row in Florida.
The recent stay, called for by TCCA, is based upon that new law, to consider how it may relate to Skinner's case.
We should have some idea about how that will go, in about a month.
There is still the pending review of the federal claim, based upon a civil rights challenge. No telling when that will be resolved.
Inv. A. Bryant
@ Dud,
Are you still unaware that Hank Skinner received his stay of execution last night? Are you unaware that "Relevant DNA" testing on a rape kit was not done, or biological material from his girlfriends finger nails, nor a mans jacket with sweat on it, nor a bloody towell and knives from the crime scene? Why do you continue to state the same thing over, and over, and over again. Anyone can be forced into a confession in a closed room after long hours of interrogation - that is how our Un-Justice system works here is Texas with Williamson County as a prime example. You are becoming quite boring, repetitious, and Dull Dudley, if that is even your real name. In fact, you have become quite laughable and appear to have the mentality of a16 year old boy with a stubborn closed mind who likes to see his name on paper.
Guilty or not, thank Gwad for Rep. Rodney Ellis who is responsible for the Pro DNA Legislation passed with Skinner in mind. If you do your homework, you can find the names, and dates of the inmates who have been exonerated.
Dudley Sharp
Inv. A. Bryant:
Yes, I am aware of the stay, as I mentioned in the above post, addressed to you.
Make personal attacks, if that is your character, I'll stick to the facts, instead.
The recent stay, by TCCA, is to consider how a Texas law may relate to Skinner's case. See below.
An additional review is pending in federal ourt, based upon a civil rights challenge.
No telling when these will be resolved.
WHAT THE STAY IS BASED UPON
What TCCA and the trial court will be reviewing is whether the amended law (1) applies to a case, like Skinner's, wherein Skinner refused to test available DNA, a right he chose, only because he didn't want to further implicate himself in the murders, the only reason for such a refusal.
The two sections of the amended section, which, I believe, will be the primary issues, are these:
(A) the person would not have been convicted if exculpatory results had been obtained through DNA testing; and
(B) the request for the proposed DNA testing is not made to unreasonably delay the execution of sentence or administration of justice.
(A) may go to why Skinner refused additional DNA testing, pre trial. The court knows why he refused, because he believed it would hurt his case, the only reason for such a refusal.
The court may conclude that Skinner's trial choice, to avoid available testing, as part of their trial strategy, precludes Skinner from making a claim under (A), and may even rule, because of its language, that (A) is unconstitutional, based upon the fact that the law can allow endless do-overs, within trial and appeals, based upon a defendant's refusal to look at certain evidence, at trial, just so they can complain later, we didn't get to test that evidence because we refused testing the evidence - a simple gaming of the system that cannot be allowed.
This is why the state has been fighting this appeal.
But, that does not mean that the court will deny testing in this section.
The Court may conclude that exculpatory results from the untested DNA would have resulted in a not guilty verdict and will order the tests.
I think it obvious that Skinner is doing all this, quite successfully, to delay his execution - understandable. Therefore, he could be denied, based upon (B).
On appeals, the burden of proof is on Skinner, not the state.
(1) Texas Code of Criminal Procedure - Article 64.03.
Inv. A. Bryant
@ Dud, were you the Prosecuting attorney in Skinners case? You have lied about the DNA test from the beggining which is what the prosecution teams like to do as well as hiding evidence from the Defence attorney. Yes, in the future...please stick to the facts. "All" the DNA test were not done as you have previously stated they were many times. I would like to know the results of the rape kit test, the material from the finger nails of his girlfriend, sweat from a man's jacket, the bloody towel and the knives from the crime scene. I do not believe a word you have written from the beginning...repeatedly. I am not interested in what you claim to know, however; I am interested in the facts which is the "RELEVANT DNA testing". Go back to your hateful Pro Death Site; I am tired of your omnipotent lies and omissons. That being said -
Yawn........................................
louise loflin
I wish people would read and know that this man has had every opportunity to prove that he is innoncent. He is not!! Read the court documents and stop taking every word his supporters say for fact. He will answer for what he did and you can cry for him if you want, but I for one will say "justice is done."
Dudley Sharp
Brandi:
Skinner never thought DNA could prove his innocence.
What, he decided to risk the death penalty, instead of freedom, with his pre trial choices.
Absurd.
Dudley Sharp
Louise:
As a dependable rule, media folks rely on whatever the anti death penalty folks tell them and don;t fact check it, as with the Skinner case and many others.
Skinner attempted to plead guilty in exchange for a deal. It was refused. Dudley
Hank Skinner's statements to police, Jan 1st and 4th, 1993
The murders were committed Dec 31, 1993
Dudley Sharp
"If I thought for a minute that I killed them two boys then whatever I get I guess I deserve it you know. But I just cant see it happening. I can see me arguing with Twila.
I can might even see maybe I might have killed her. But I cant see killing them boys."
"By the next morning it was dawning on me that you know that they had been killed. But it still didn't dawn on me that I was the one that done it."
After finding Twila in bed with another man, Skinner said: "I dont remember much what happened after that. I remember we was arguing and fighting and I cant remember."
"Seems like I remember some bits and pieces but I aint sure. I think I -- I think I remember seeing blood on her and on me."
"I thought -- I thought we were just fighting and she just passed out or something. I dont know."
"And I dont remember if I throwed her off or if she got up off of me or -- or what happened but the fight ended for a minute and she went -- I was still in the living room I think and I believe she went in the back room or something. No no that's not right. We were fighting and arguing at first and I pushed her down and then the fight ended and she went in the back room and then came back with the stick and hit me in the back with the stick and then she had me down and knocked -- it knocked the breath out of me and then knocked me down on the ground. And then she was on top of me and she had the stick across my shoulders. See she was real real drunk real drunk. And I asked her -- -
At some point the fight kind of let up for a minute and I asked her where she had been. She told me she had been over at Howard Mitchells house and shes forbidden to go over there by me because theres nothing but a bunch of drunks over there and they just theyre no good people and I didn't want her around them.And so we started arguing and
fighting about that. She kept saying Howard was her friend Howard was her friend and we got into a shoving match. And then the stick got brought back into play somewhere
along the line. I cant remember if she picked it up or I picked it up or -- or what happened.I just remember -- I remember falling around and I remember -- I remember she was swinging the stick at me and I was trying -- I rolled up under the coffee table so she couldn't hit me and I think she turned the coffee table over or I did getting out from under it. I got the stick away from her again and I think I hit her with it. Im not sure. And I dont -- The rest of -- I dont remember anything other than that. That's about all I remember and that's not the whole thing. There was other stuff that happened in between and I dont I cant remember what it was."
"The next thing I remember after that sometime while we was fighting I -- I think Scooter (Twila's murdered son) run up behind me and grabbed me by the neck. He had me you know lik a chokehold. and I got away from him and I dont remember what happened to him after that. And when it seemed like the fight was over I -- I guess it was over I got up and left. I put my clothes on and I walked over to Andrea Medleys house
"I dont even remember Scooter being there except for it seems like when me and his mama was fighting I -- it seems like he come up and grabbed me behind the neck and got me off of her and that's how I got throwed in the floor. But I -- I aint -- I aint sure if he done it or not or if I just fell."
Inv. A. Bryant
Another botched investigation in Williamson County. Bradley and Anderson should both be in prison.
When did sneaky lying and hiding evidence become truce over a fair trial. Is this now the American way of our Un-Justice System. Williamson County needs a complete overhaul as well as Perry's conception of justice, DNA, lack of proper investigations for all accused, and especially inmates on Death Row.
Inv. A. Bryant
Dudley
Do you stroke yourself when someone is executed?
Anya Khan
@Dudley, I agree that most Texans are in favor of the death penalty, but if he if innocent the lawsuits are going to take years to get through. Personnaly, I don't think he is innocent.
@INV, that was disgusting and did you in any way think it was a helpful argument in the discussion. Get help.
Dudley Sharp
Anya:
Skinner told everyone he was guilty in his confessions, when he tried to plead for a deal and when he refused additional DNA testing.
Yes, IAB is repulsive. Sadly, I see that a lot with the anti death penalty folks.
Inv. A. Bryant
Dud and Anya,
There is no discussion here since you seem to know-it-all already. I do not belong to any anti death groups. I can think perfectly well on my own with out quoting from a piece of paper...repeadedly. Is this what the two of you do all day? The two of you must belong to the pro death site. That is where you will see nasty, vulgar, ignorant, sick, people, most especially and including 'PAMEEEEEEEEE" (as she calls herself) who is the site manager and her 2nd in comand "Granny".
For your pleasure Dud, you can watch a man being executed on that site.
PS
Pameeeeeeee used to visit her boyfriend on Death Row all the time until he was executed. The she tried to hook-up with Mark Anthony Stroman. Yes, I have been to death row at Polunsky Unit, I have been to many of them in and through out the prisons with the wardens in Texas; it was my job.
Anya Khan
Actually I am anti abortion and anti death penalty and you are a deeply disturbed and highly offensive person who seems to need mental help.
Inv. A. Bryant
@ Dud and Anya,
Do all Anti-Death people have mental problems?
Do you two have nothing better to do than watch this site all day?
Are all Pro-Death people vengeful, hateful, argumental, mean, stubborn, and repugnant as you? That has been my observation.
"PROPER" DNA has proven many death row inmates to be innocent all over the USA-period.
I only want justice done for the ones that were, and will be murdered by the State due to lack of proper investigation, lying prosecuting attorneys, and D.A.'s who hide evidence from State appointed defense attorneys. I am for total fair justice; but that's just me. Dud, you need to calm down and stop repeating yourself. YAWN................. You strike me as being a little tiny man who has to prove himself because he knows he is little.