Is Texas About To Execute Another Innocent Man?
State officials would rather kill a prisoner than give him a DNA test.
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GoogleHenry Watkins “Hank” Skinner was supposed to be executed tomorrow, but last Tuesday a Gray County, Texas, District Court judge pushed the date back one month, to March 24. Skinner has been on Death Row in Texas since 1993, awaiting execution for the murder of his girlfriend and her two sons. He has maintained his innocence since his arrest, and investigators from the Northwestern University Journalism School’s Medill Innocence Project have shot numerous holes in the prosecution’s case. But Texas officials refuse to conduct a simple DNA test that could point to the condemned man’s innocence or cement his guilt.
Skinner's scheduled lethal injection comes shortly after Texas Gov. Rick Perry has removed sympathetic panelists from the state forensic committee's investigation into the case of Cameron Todd Willingham and replaced them with panelists critics say are stymieing the investigation. Willingham was executed in 2003 for murdering his three daughters by setting fire to his house. Nine arson experts and an investigation published in the New Yorker last year have since made a strong case that Willingham was innocent of the crime.
At the same time, Texas, a notoriously enthusiastic enforcer of the death penalty, continues to lead the nation in DNA exonerations (one county in Texas has produced more genetic exonerations than all but three states). Which makes it all the more disturbing that biological evidence from Skinner’s crime scene remains untested, at the behest of prosecutors and backed up by the courts. You’d think given recent headlines that Texas might be a bit more reluctant to execute a possibly innocent man.
Skinner doesn't dispute that he was in the house at the time his girlfriend was bludgeoned to death and her sons were stabbed to death. But he says he was unconscious at the time, knocked out by a near-lethal mix of alcohol and codeine. He was convicted because of his presence at the crime scene, because he had small spots of blood from two of the three victims on his shirt, and because of the testimony of a neighbor, Andrea Reed, who happens to be an ex-girlfriend of Skinner’s. Reed says Skinner came to her shortly after the crime and implicated himself to her. According to court records, Skinner then told Reed a number of other implausible stories about who committed the murders.
Skinner's case has been championed by the Medill Innocence Project, the team of professors and students that exposed deep flaws in the Illinois death penalty system (ultimately leading to a moratorium on executions in the state), and has freed 11 people from prison, including five who had been condemned to death. After years of investigation, the project has revealed a number of shortcomings in the state's case against skinner. Among them:
· Andrea Reed has since recanted her testimony. She now says she was pressured by police and prosecutors to falsely incriminate Skinner. In an interview with Medill students, she added that, “I did not then and do not now feel like he was physically capable of hurting anybody.”
· The untested DNA included blood taken from the murder weapons, skin taken from under the fingernails of Skinner's girlfriend, a rape test taken from her that included semen, and other blood and hair found at the scene. Skinner asked his attorney to request the evidence be tested in a letter written in 1994. The attorney never made the request, stating later that he feared doing so would implicate his client.
· Skinner's girlfriend had been stalked by an allegedly lecherous uncle, Robert Donnell. Witnesses say Donnell had approached her at a party she attended the night of her death. She left frightened, and he appeared to have followed her. A friend says the uncle had raped her in the past. Days after the murders, a neighbor reportedly saw the uncle thoroughly cleaning and repainting his truck.
· Skinner's court-appointed attorney was a former prosecutor who had actually prosecuted Skinner on a minor assault and car theft charge years earlier. Skinner's two prior crimes—which his own attorney had prosecuted—were used as aggravating factors in the death penalty portion of his trial.
· According to a new report (PDF) by toxicology specialist Harold Kalant, a moderate drinker with the levels of codeine and alcohol Skinner had in his blood would have been comatose or dead. A heavy drinker may have been rousable, but would have been "stuporous," unlikely to have the coordination necessary to carry out three murders involving multiple stabbings and bludgeonings.
It isn't difficult to see why prosecutors don't want the DNA tested. They have an unsympathetic suspect that they can place at the scene of the crime. If DNA suggests someone else bled or fought in the house that night, it doesn't conclusively prove Skinner is innocent, but it does (or at least ought to) raise enough reasonable doubt to prevent his execution. In 2000 DNA tests were conducted on blood taken from a roll of gauze and a cassette tape found in the house; that blood didn't match Skinner, his girlfriend, or her sons.
The first possible outcome of testing the remaining evidence is that the DNA will match Donnell, the allegedly lecherous, threatening uncle. Donnell has since died. If tests show Donnell's flesh under the victim's fingernails, or his blood or semen at the scene, the state is left with the strong possibility that they let a murderer go free, brought an innocent man within a week of execution, and no longer have a live body they can try, convict, and execute.
The second possibility—that the untested evidence came from other, unknown parties—wouldn't necessarily prove Skinner's innocence, but it would certainly complicate the state's case against him. But that's still no reason to refuse the tests. If we're going to execute people for particularly heinous crimes, we have a moral obligation to ensure that every reasonable possibility of the suspect's innocence has been explored and exhausted. Ignoring evidence that complicates things falls well short of that obligation.
The third possible outcome from testing the remaining biological evidence is that DNA will come back a match only to Skinner or the victims. That would go a long way toward affirming Skinner's guilt. All the more reason for conducting them.
After a conviction, the criminal justice system tends put a premium on finality, setting a high bar for reopening or retrying old cases. Given the Willingham case and the spate of exonerations across Texas, perhaps it's time the state put less emphasis on finality, and more on certainty. DNA testing in Skinner's case may not bring us closer to closing those 1993 murders, but it will bring us closer to discovering the truth about them. In a capital case especially, that alone should be reason enough to to go through with the tests.
Radley Balko is a senior editor at Reason magazine.
Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.
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Damn straight. Although I have nothing but high respect for the challenges of working in criminal justice, the fact is that the system can and does make mistakes. Let's hope this isn't one of them.
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Remember boys and girls, "closure" is more important than getting the real criminal off the streets.
In order to engender respect for the law.
And for the children.
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Skinner asked his attorney to request the evidence be tested in a letter written in 1994. The attorney never made the request, stating later that he feared doing so would implicate his client
I don't know nothing about lawyering, but what recourse might he have based on his attorney's disregard for this request?
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Well, we've taken care of that. He's scheduled to die the week after Skinner.
**sound of hobnailed boots walking away on concrete floor**
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The third possible outcome from testing the remaining biological evidence is that DNA will come back a match only to Skinner or the victims？
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Man, this shit is scary. I've completely rethought my position about capital punishment over the last few years, directly as a result of cases like this.
"We could look at some more information that may be crucial one way or the other...but we won't. And, yeah, there's some shit that doesn't add up...but we don't give a shit. We're the state, and I'm a prosecutor with designs on the governorship. Therefore - GUILTY!"
*shudder*
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Skinner's court-appointed attorney was a former prosecutor who had actually prosecuted Skinner on a minor assault and car theft charge years earlier. Skinner's two prior crimes—which his own attorney had prosecuted—were used as aggravating factors in the death penalty portion of his trial.
WTF !?!?!?!
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I would say that his attorney should have been sanctioned, at a minimum, for undertaking representation in a death penalty case with that conflict of interest.
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Couldn't this count as grounds for a mistrial, among much of the other evidence. Of course the problem is finding a sympathetic judge who would grant said mistrial
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So WHY won't they test the DNA? I must have missed it between: preventing an innocent from dying or proving concretely that he did do it.
On a side note, capital punishment shouldn't be legal anyway.
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Because they don't have to. They got their conviction, case closed.
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"I've completely rethought my position about capital punishment over the last few years, directly as a result of cases like this."
As have I, Almanian. When our court systems allow a person's life to be forfeited with little or no actual evidence of a crime, it is obvious that we are not capable of administering capital punishment in any way that even approaches certainty.
When that same system refuses to re-open a case for which there is overwhelming evidence that the person may not be guilty of the crime is unconscionable.
Keep ringing the bell, Radley. Some are getting the message.
Put me in the "used to believe in it" category.
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Naw, Radley, y'all be soundin' like one or 'dem damn librulz like we gonna be a-fixin' to string up on that old cedar tree in the back forty. That fancy-assed dna evidunce don' mean nutt'in next to de good sense of a jury what decided that boy needed killin. Ewe must be one of 'dem fancy-pantsed bleedin'heart ACLU commonists or sumpin.
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Redneck Mother
Thanks Chad/Tony for your insight.
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No self respecting southerner would ever say "gonna be a-fixin' to". It's either "gonna be" or "fixin' to," you can't have both.
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The thing that seems a no-brainer about these cases is that clearly the right decision is to postpone the actual execution until the crimes have clearly been proven beyond a reasonable doubt.
In the Skinner case as well as the Willingham case it's pretty clear that this standard has not been met. In both cases exculpatory evidence was not allowed in to the appeal process or the original trial, which is a clear denial of due process.
The thing that is inexcusable is that in capital punishment, one can't reverse a decision once the accused is executed (obviously). It's bad enough that convictions are getting overturned these days based on DNA evidence that wasn't included in the original trial, but the worst that happens in that case is the accused sits in jail for years.
Since you can't release a dead guy from jail, one would think that the "beyond a reasonable doubt" part is upheld to a higher standard. Judging from the Willingham and Skinner cases, that is clearly not the case.
Perry is the one who ultimately responsible for this particular failure of justice.
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This is the kind of thing which happens because we allow the state to kill criminals. Under no circumstance ought capital punishment be allowed as a punishment for a crime. Voltaire, IIRC, but someone other than me, once wrote that men will cease committing atrocities when they stop believing in impossibilities. In this issue, the "atrocity" is the death penalty and the "impossibility" is that the state is somehow a real entity. We have, as a society and as individuals projected human qualities and characteristics onto social and political organizations which are not and cannot ever be human.
Individuals humans have the right to defend themselves, even with deadly force. Groups of individuals - qua qroups - have no rights whatever, only the individuals in the group. This is one of the most common justifications for the death penalty. If we were as individuals allowed and encouraged to defend ourselves, as well as not being protected from the consquences of our actions via the government, crimes which "deserve" the death penalty - see how we anthromophisize? - criminals who might be said to deserve the death penalty, would be in many instances killed by their intended victims and there would be tremendously less crime of all sorts.
We need to stop being insane in the ways we act regarding crime and punishments. Not insane? What is it called, then, if we continue the same actions that failed to accomplish our goals before repeatedly, endlessly, without consideration that we might ought to change what we do??
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Why has it taken 14 years to get around to even ASKING for these DNA tests?
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uhm read the story. He asked for a DNA test in 1994 - during the original trial. It was the lawyer who refused to take it before the court.
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Unfortunately for Skinner, DNA testing didn't exist in 1994 as the CSI television series hadn't yet been created.
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Is that Ted Kaczynski's doppelgänger?
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funny, you would think tony and chad would be on this thread so they can finally be able to agree with everyone on this.
that is, unless they come here just to argue . . .
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Hang em high! Yee Haw thats how the redneck kangaroo courts in Texas work!
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Getting a conviction, any conviction, is more important than catching the right guy.
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This case is even more greivous than Radley can describe within the confines of his article.
Some DNA evidence was in fact sent for testing after the trial. The hairs found clutched in the victim's hand excluded Hank Skinner. The results for the rape kit and fingernail scrapings were never reported. The state now refuses to inform Skinner about the physical location of the rape kit or fingernail scrapings, much less publish the results.
The handprint found on the trashbag that held the knife and a bloody dish towel did not belong to Hank Skinner. It more likely belonged to the killer who left bloody bootprints leading to the front door. Those prints were size 11-12. Hank, who owned no boots, has a shoe size of 9 1/2.
Not only was Skinner's state-apponted attorney his former prosecutor, the attorney was awarded $86,000 for his pathetic and unsuccessful defense. That's a record for Texas. It's also just a tad shy of the $90,000 tax penalty the attorney was staring at due to his embezellment of drug forfeiture funds while serving as the DA who prosecuted Hank.
Perhaps not coincidentally, the attorney was a long time political supporter of the judge. Even if the attorney did not throw the case for the pay off, it sure looks bad.
Search my name for more info.
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Thanks, Radley, for your excellent work. If this case doesn't prove beyond all doubt that American "justice" is corrupt and evil, then nothing can.
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I'm what I call "lukewarm" against the death penalty.
Meaning I find the idea of mistakes - judicial murder, terrifying.
However, I've also known too damn many psychopaths, real genuine murderers, to be comfortable with sharing a planet with them.
My standard for the death penalty is, would you be willing to face the same if you've made a mistake?
Sentencing judge, prosecutor, possibly the jury as well (though this might be only manslaughter.) If you've sent an innocent man to die - you die.
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Support the Innocence Project and all your other favorite non-profits from one donation: http://givv.org/recipients?q=liberty
Reason, IJ, ISIL, Independence Institute, ARI, are are all on there. Design your own liberty mutual fund and donate monthly to the most important causes.
The nonprofits who try and stop things like this execution from happening need your support.
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Reed recanted some of what she testified to - not all. She was also impeached by numerous disinterested witnesses.
There is an overwhelming amount of evidence of his guilt, including DNA. No amount of subsequent DNA testing changes the inculpatory evidence.
You are also wrong about his trial atty. Years earlier, his trial atty had been the DA of the county. As the head of the office he would have little to no contact with the filing of a couple of low level felonies. Skinner could not show any actual conflict of interest which is required per the USSC.
And, no, Busby was not afraid of Donnell. Testimony was that they were drinking buddies that occasionally slept together. I don't know where you got the rape from. The wit who saw Donnell cleaning his truck several days after the murder, saw no injuries on him, no blood on the truck, and no bloody clothes were ever found. The evidence did show that Skinner was a jealous violent man.
Can't open Kalant's report, though I doubt it is new. Claiming that he was too entoxicated has to be one of the dumbest arguments I've read. He walked 4 blocks to Reed's house so we know he wasn't comatose. Skinner was also a hardcore druggie and drinker.
It's very clear that you have not reviewed the case opinions and findings of fact. You would think that you could at least do that before you make your phony pronouncement of innocent.
p.s.: Medill took credit for some work they did not do on this case. Sleezy.
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Any doubt about the strength of Andrea Reed's recantation will be extinguished by a simple read of her affidavit. It is available at Hank Skinner's website or on Scribd. She unequivocally declares that she was threatened and intimidated to testify adversely against Hank Skinner. So, Sam -- Who impeached her? What testimony did they allegedly impeach? And where are the impeachment documents? I'm not saying I don't believe you, I just have never seen them and I would be interested to.
As for the "overwhelming" DNA, there was broken glass on the floor from the struggle. When Skinner was allegedly revived after the murders, he claims to have stumbled around and fallen onto the broken glass. His hand was cut. As such, he left a bloody hand print as he stumbled out of the house. Not terribly "overwhelming" after all.
The fact remains that an "overwhelming" amount of available, probative, untested DNA sits locked in Lynn Switzer's custody. A bloody axe handle (the likely murder weapon). Two knives. A jacket (not Skinner's). Bloody gauze, probably used to wipe down a knife. A bloody towel, probably used to wife down another knife. Bloody boot prints (not Skinner's). A cassette tape. A trash bag. The glass pane of a door. Rape DNA. Fingernail clippings -- and Skinner had not one fingernail scratch on him. There's plenty of DNA. But whoever that DNA actually belongs to I suspect we'll never find out, as Lynn Switzer will have discretion to destroy all of it after Skinner is executed.
Lynn Switzer's predecessor, District Attorney John Mann, announced that the killer's hairs were recovered clutched in the victim's hand. He wanted to "put a few more nails in [Skinner]'s coffin" post-conviction, so he declared that the hairs would prove the killer's identity, and he tested them. Seven months later, we learned that there were two donors of those hairs: (1) the victim; and (2) an unknown male NOT Hank Skinner. So, according to John Mann's own criteria, Hank Skinner was not the killer. Suddenly those hairs became much less significant to John Mann, and he locked them away from further scrutiny together with all of the other DNA in his evidence locker. No one bothered to check the DNA database against those hairs or anything else. So much for identifying the killer.
Uncle Donnell. He was a sexual predator who pursued his niece, the murder victim. Whether she consented to sex or not does not prove that she wasn't afraid of him, and it certainly doesn't prove Donnell's uninvolvement. Donnell was violent, carried knives, and bragged that he previously choked someone to death. The murder victim in this case, Donnell's niece, was choked so violently that her neck broke. Her two sons were stabbed to death. Coincidental? Perhaps, but without testing the DNA we'll never know. Skinner may have been a jealous man, I don't know. I've never known him personally. But jealousy is far from murder. Test the DNA, and we'll see if alleged jealously segued into murder.
And Donnell didn't just "clean" his truck. He removed the carpeting, sprayed it out with a hose, scrubbed it down, and repainted it. His whereabouts between the time he followed the victim out of the party that night until 5am or so the next morning remain unknown. A neighbor of the victim saw his truck in the victim's neighborhood during the time of the murders. Another coincidence? Compare his DNA with that recovered from Hank Skinner's case, and perhaps we'll find out.
As for Kalant's report, I had no trouble downloading it. But for those who might, I re-published it on Scribd and categorized it under Hank Skinner in The Skeptical Juror's account. It makes clear that Skinner was incapacitated during the murders. This is consistent with other trial testimony that Skinner could not be revived approximately 1/2-hour to an hour before the murders. When the effects of alcohol and codeine later subsided to some degree, yes, Skinner was revived and he stumbled to his neighbor Andrea Reed's house. Is that evidence of murder? Test the DNA and let's find out.
Finally, nowhere in The Skeptical Juror's post did he make any pronouncements of innocence, much less phony pronouncements. He, like Radley, like most of the posts, like me, advocate for testing the DNA. If pining for truth through scientific fact is phony, or if some of the most substantive facts in this case uncovered by the Medill Innocence Project is sleazy, then our worlds are in vastly different places.
Incidentally, the Medill Innocence Project has for more than a decade been offering to fund DNA testing in this case. Those offers continue to be refused by Lynn Switzer.
Test the DNA.
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I can't think of anything more disgraceful than the criminal justice system in Texas. You authoritarian assholes want to secede? Fine, get the fuck out, you're an embarassment frankly.
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I think that when it comes to such a severe penalty as a death sentence EVERYTHING must be done to be sure the person is guilty. If there is ANY doubt it all, who in his right mind would go forth?
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Ah, for some reason the video links didn't work in Firefox for me, but I tried IE and they did. Probably an issue on my end, sorry. Would love to talk to you able re posting the images and video before posting the story.
Thanks.
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Getting a conviction, any conviction, is more important than catching the right guy
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When playing with someone's life, I would think we as a people should be more inclined to make absolutely sure that you're sentencing the right person for a right reason to his death.
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I'm against death penalty and I think USA should do something to stop this in Texas.
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Death penalty is just wrong in my opinion.
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I hope it will not happen again not only at Texas but also around the world. It is hard to imagine those innocent people are in the next step to death. horse colic
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Thats a tough decision to have to make. Holding someones life in your hands. Im glad I dont have to do it.
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execution needs to be abolished. there is no reason to execute people if their is any doubt, which often there in.
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It will be sad once Skinner will be executed without even having a strong evidence against him. The refusal to undergo him for DNA testing would put the public mind into deep thinking. If in doubt, then it is better to halt the execution than take the life of an innocent man.
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This was really bad due to wrong decision. I hope that some countries not make mistake of punishing prisoners.
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Wrong decisions will lead to bias action. I am hoping that it would be a serious lesson to the authority to make a right action.
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People make mistakes. They should not base it only on one testimony and should always be open on possible test in order for the truth to prevail. They can’t afford to execute an innocent man just because he was on the crime scene and no one else is. Even though how long the investigation will take, as long as no one will be convicted on a crime which he/she didn’t commit.
