U.S. Supreme Court Blocks Skinner's Execution with 47 Minutes to Spare (March 24, 2010)
"Last chance to prove my innocence," Skinner tells Medill student-reporters (May 2, 2010)
Supreme Court Takes Skinner Case: Ruling Expected Next Term (May 24, 2010)
BREAKING NEWS: Jurors Who Convicted Skinner: Test the DNA Evidence (June 10, 2010)
| For a complete list of documents, click here |
| For Media Coverage, click here |
The Henry Watkins Skinner Case
By David Protess
March 15, 2010
Texas Gov. Rick Perry is under fire for allegedly obstructing an investigation into the wrongful execution of Cameron Todd Willingham, who was put to death in 2004 -- despite forensic tests proving he did not murder his three young children.
Four years earlier, Gary Graham was carried to Texas’ death chamber defiantly proclaiming his innocence in the face of new evidence that even the murder victim’s widow called “reasonable doubt.”
Investigative stories have revealed that Ruben Cantu in 1989, Carlos DeLuna in 1993, and David Spence in 1997 likely suffered the same unjust fate at the hands of Texas executioners.
Now the clock is ticking on another Texas death row inmate who has steadfastly maintained his innocence – with credible evidence to support his claim. The condemned man is Henry Watkins “Hank” Skinner, and much of that evidence was unearthed by the Medill Innocence Project and reported in the January 28 and 29 editions of the Texas Tribune, "Case Open" and "Case Open: The Investigation". Yet, Skinner faces death by lethal injection on March 24, nine days from now.
Texas continues to lead the nation in executions. But will the state earn the dubious distinction of executing six innocents in two decades? Hank Skinner’s fate lies in the hands of the Texas Board of Pardons and Paroles, Gov. Perry and the U.S. Supreme Court.
Here is a synopsis of the case, spotlighting the evidence developed by Medill student-journalists who traveled to Texas’ death row and to the crime scene in search of the truth. For a more detailed account, read my testimony to the Board of Pardons and Paroles, and the appeal by Skinner's lawyers to the Supreme Court.
I will continue to report about the Skinner case on this site until it reaches finality.
Hank Skinner, January 20, 2010
Caleb Bryant Miller, The Texas Tribune
Hank Skinner, age 47, was convicted of bludgeoning to death his live-in girlfriend, Twila Busby, and fatally stabbing her two adult sons in their Pampa, Texas home on New Year's Eve of 1993. Skinner was convicted of the crimes in 1994 and sentenced to death in 1995. He is scheduled to be executed on March 24.
The state's case against Skinner was entirely circumstantial. He has consistently professed his innocence, there was no physical evidence linking him to the murder weapons and no eyewitness or apparent motive for the crime. Skinner indisputably was in the home at the time of the murders, but claims he had passed out from mixing large quantities of alcohol and codeine. When he awoke, he stumbled to a neighbor’s residence to report the murders, according to Skinner.
But the neighbor, Andrea Reed, testified that Skinner made incriminating statements about the crime and ordered her not to call the police. That was enough for the jury to find him guilty, and, although Skinner had no history of violence that would remotely explain the horrific murders (his worst offense was a conviction for assault), he was sentenced to death.
The Investigation
The Medill Innocence Project first became involved in the case in the fall of 1999 when a reporter at the Associated Press in Houston raised questions about Skinner’s guilt. Eight investigative reporting students made two trips to the Panhandle town in 1999-2000 to interview sources and plow through documents. They returned with grave reservations about whether justice had been done.
For one thing, Andrea Reed, the state’s star witness, recanted her trial testimony in an audio-taped interview. Reed told the student-journalists that she had been intimidated by the authorities into concocting a false story against Skinner. “I did not then and do not now feel like he was physically capable of hurting anybody,” Reed said.
For another, toxicology tests on Skinner's blood indicated he would have lacked the strength, balance and agility to commit the triple homicide. Based on the crime scene evidence, the actual killer would have had to bludgeon Twila to death and then repeatedly stab her six foot, six inch son who was standing next to her, a near impossibility for Skinner -- whose blood alcohol level was three times the legal limit and contained a comparable level of codeine.
Earlier this week, a new scientific report by one of the leading experts in the field of toxicology revealed that Skinner's incapacity at the time of the murders was more severe than originally believed. Dr. Harold Kalant, an M.D. and Ph.D., reviewed the tests of Skinner's blood levels and concluded that a moderate drinker with that much alcohol and codeine would "almost certainly be comatose, and in some cases be near death or even dead." Even a heavier drinker like Skinner "would not be able to assess correctly where he was...would be very confused and badly impaired, and would have difficulty standing or walking in a coordinated manner."
This latest finding is consistent with Andrea Reed's observation of Skinner when he entered her home after the murders: "He was falling into the walls and stuff. He was staggering, falling into stuff," she said in the taped interview.
Other residents of Pampa told the student-journalists in videotaped interviews that the more likely perpetrator was Robert Donnell, Twila's uncle. Donnell had been “hitting on” his niece at a New Year’s Eve party shortly before the slayings. Rebuffing his advances, she left the party frightened, her uncle following behind, according to the witnesses. (A close friend of Twila’s said she confided to being raped by her uncle in the past.)
The day after the crime, another witness claimed to have seen Donnell scrubbing the interior of his pick-up truck, removing the rubber floorboards and replacing the carpeting. Perhaps most telling, a windbreaker just like the one the uncle often wore was found at the scene – directly next to his niece’s body. The jacket was covered with human hairs and sweat.
Yet evidence from the windbreaker has never been scientifically tested. Moreover, prosecutors have steadfastly opposed DNA tests on two blood-stained knives, skin cells found underneath Twila’s fingernails, vaginal swabs and hairs removed from her hand – even though forensic tests on one of the hairs proved it did not come from Skinner. (The physical evidence remains sealed, but the courts have acceded to prosecutors’ demands not to conduct the tests.) In a death row interview with the student-journalists, Skinner said he was innocent and welcomed new tests on the old evidence.
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"They have no right to kill me because I'm innocent, innocent, innocent." |
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"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." |
Another troubling aspect of the case is the background of Skinner's trial lawyer, Harold Lee Comer. Formerly the District Attorney of Gray County, Comer had prosecuted Skinner for two offenses, theft and assault. After resigning from office and pleading guilty in a drug scandal, Comer was appointed at taxpayer's expense to represent Skinner at his capital murder trial -- without the required hearing to determine whether he had a conflict-of-interest.
The trial judge, a personal friend of Comer's, paid him roughly the same amount to represent Skinner as the former DA owed to the IRS. Comer failed to request DNA testing, or present compelling evidence about the alternative suspect. And, at the sentencing hearing, he failed to object to using Skinner's prior convictions -- which he had prosecuted -- to justify the death penalty.
When the U.S. Supreme Court rejected the claim that Skinner had been ineffectively represented by Comer, a Texas court set his execution date. In light of the cases of Cameron Todd Willingham, Gary Graham, Ruben Cantu and Carlos DeLuna, the specter of wrongful executions now hangs over Texas' system of capital punishment.
Will Texas next put to death a man who has steadfastly professed his innocence and whose lawyer was his legal adversary -- without even conducting DNA tests to be sure the right man will be punished for the crime?
Not much time will tell.
Texas Appeals Court Denies Skinner's Habeas Application
In a two-page order, the Texas Court of Criminal Appeals today denied a request by lawyers for condemned prisoner Hank Skinner to hold a hearing on the evidence of his innocence and conduct DNA tests on items found at the murder scene. Those untested items include a rape kit, blood on two knives, hair found in the female victim's hand, skin found under her nails and a windbreaker that looked strikingly similar to one worn by an alternative suspect in the case.
The appeal "is dismissed and his motion for a stay of execution is denied. Applicant's motion for additional time to conduct an investigation is also denied," the court ruled.
The legal team's habeas application contended that Skinner had been improperly denied a review of his case in the trial court. But the panel of Texas appellate judges ruled that Skinner's appeal involved a "subsequent" petition, meaning that the evidence already had been heard -- even though the record shows otherwise.
"Because state officials continue to refuse to conduct readily available DNA testing on evidence from the crime scene that could clear him, there remains a serious risk that Texas, one week from today, will execute an innocent man," said Rob Owen, lead counsel for Skinner, in a written statement.
Owen added that he "remain[ed] hopeful that the U.S. Supreme Court, which has often found it necessary to correct egregious injustices in Texas capital cases, will intervene to protect Mr. Skinner's right to pursue that DNA testing in federal court.
"We also trust that Governor Perry, having heard the voices of Texans insisting that the death penalty not be carried out while there are unresolved doubts about a defendant's guilt, will do the right thing and postpone Mr. Skinner's execution until all the facts are in.
"Time is growing short, and ultimately someone must have the courage and the common sense to step forward and ensure the reliability of this verdict through the best available scientific technology," Owen said.
--David Protess
Arizona Lab Offers Pro Bono DNA Testing of Evidence in Skinner Case
Late yesterday, Chromosomal Laboratories, a fully accredited DNA laboratory in Phoenix, made Texas Governor Rick Perry an offer that will be hard to refuse -- if the governor wants justice in the Hank Skinner case. Chromosomal offered to analyze the untested evidence in the case for free, and within thirty days.
DNA testing can be expensive, and in the past Texas officials have been unwilling to bear the financial burden. During a heated exchange on national television in 2000 with Gray County D.A. John Mann, who prosecuted Skinner, I said the Medill Innocence Project would be willing to pay for the tests "if the State of Texas is too cheap to do it...even with a man's life at stake."
Several days later, Mann seemingly had a change of heart. He told the Associated Press on July 11 that he would "test it all." But Mann only had tests conducted on evidence that placed Skinner at the scene of the crime -- his residence -- where he claimed to be unconscious when Twila Busby and her two sons were murdered. According to toxicology reports on Skinner's blood, he would have been nearly comotose from consuming large quantities of alcohol and codeine.
The Innocence Project at the Cardozo School of Law in New York City also has offered to defray the cost of the tests on the remaining evidence, which included a rape kit, two bloody knives, hair found in the female victim's hand, skin found under her nails and a windbreaker that looked strikingly similar to one worn by an alternative suspect in the case. But that may not be necessary -- if Governor Perry takes Chromosomal up on its offer. Besides eliminating the expense to Texas taxpayers, Chromosomal's willingness to conduct the tests within 30 days would allow the governor to grant a time-limited reprieve until the lab work is completed.
In today's Dallas Morning News, editor Michael Landauer blogged about the significance of this development in light of the decision by the Texas Court of Criminal Appeals to reject DNA testing and allow next Wednesday's execution to proceed.
--David Protess
| "DNA lab offers free 30-day test in Hank Skinner case" Michael Landauer, editor The Dallas Morning News - Texas Death Penalty Blog March 18, 2010 "The Texas Court of Criminal Appeals may be indifferent to the truth in the hank Skinner case (focusing only on procedural questions), but Chromosomal Laboratories in Phoenix, Arizona, isn't. Rick Perry should see that a 30-day reprieve in this case could really do a lot of good to: 1. Confirm the facts of the case or raise very important questions about reasonable doubt. In response to a plea by the Innocence Project, Chromosomal Laboratories in Phoenix, Arizona has offered its accredited DNA testing services to help pursue justice. The offer was made to the Honorable Rick Perry, Governor of Texas for testing DNA evidence that could prove the innocence or guilt of Hank Skinner. Mr. Skinner is set to be executed on March 24th for the murder of his girlfriend and her two adult sons, which he was convicted of in 1995. The Innocence Project has asked that concerned individuals to urge Governor Perry to order a stay of execution until the testing can be completed. DNA evidence in this case was never tested and the Texas' highest criminal court has refused to intervene in the case. Mr. Skinner's attorney claim that they have uncovered evidence that substantiates his claim that another suspect is involved and places doubt on his guilt of this crime. Mr. Skinner has always maintained his innocence and requested that DNA testing be done on potentially inculpatory evidence, in particular a windbreaker, knifes and hairs recovered from one of the victim's hands. While the Innocence Project does not maintain the innocence or guilt of Mr. Skinner, as they do not represent him, they point out that everything possible should be done before Mr. Skinner pays the ultimate price in what may be a colossal miscarriage of justice. When simple DNA testing may help prevent such a miscarriage, it seems implausible that the Governor and State of Texas would allow the execution to proceed. In order to help prevent this, Chromosomal Laboratories has decided to offer its services without any fees. We hope that the great State of Texas will accept this offer in the manner in which it is intended, to help promote justice. About Chromosomal Laboratories, Inc.
Chromosomal Laboratories, Inc. is a full service DNA laboratory that specializes in providing advanced DNA testing for forensics, paternity, immigration and other relationships that can be resolved through DNA identification. Chromosomal Laboratories also provides research and development and DNA consulting services. The company is based in Phoenix, Arizona." |
State's Claims Challenged in New Brief to U.S. Supreme Court
This afternoon, lawyers for Hank Skinner filed a ten-page brief with the U.S. Supreme Court that responded to last week's filing by Texas authorities.
"Remarkably, [the State] fails to address in any significant way the reasons advanced in Mr. Skinner's Petition in support of granting certiorari," Skinner's lawyers wrote. Accusing the State of "present[ing] a mishmash of trivial contentions," the lawyers called the State's claim that DNA testing would not potentially establish Skinner's innocence "a bald assertion" that "is simply wrong."
Among the untested items found at the crime scene were a rape kit, two bloody knives, hair found in the female victim's hand, skin found under her nails and a windbreaker that looked strikingly similar to one worn by an alternative suspect in the case. An accredited forensic laboratory has volunteered to test those items free of charge and within 30 days.
"[The State] nowhere disputes that the issue presented here is one of profound and continuing importance," the brief concluded.
On Monday, the high court is expected to rule Skinner's request for a stay of execution and a review of his case -- two days before his scheduled execution.
--David Protess
Texas Board Recommends Death for Skinner
In a 7-0 vote announced late this afternoon, the Texas Board of Pardons and Paroles recommended that Gov. Rick Perry reject a reprieve sought by condemned prisoner Hank Skinner to allow time for DNA testing on evidence preserved from the crime scene. The board also voted unanimously against granting Skinner's request for a commutation of his death sentence.
The recommendations have been conveyed to the governor, who will decide whether to carry out Skinner's scheduled execution on Wednesday. Although the seven-member board is a state agency, the governor is not bound by their vote. In 2008, the board reviewed 1999 clemency applications and recommended a pardon or reprieve in 33 cases, 10 of which Perry granted, the Texas Tribune reported.
The governor is not expected to make a final decision until after the U.S. Supreme Court announces sometime tomorrow or Wednesday morning whether it will review the case.
The board has come under fire in recent years for not holding hearings or meeting in person to deliberate a prisoner's fate, even in death penalty cases. Votes are conveyed by e-mail or fax, and the rationale for those votes is kept secret. The board has followed these procedures in Skinner's case, according to knowledgeable sources.
Ward Larkin, a non-lawyer advocate for Skinner who assembled the clemency petition, said he was "devastated" by the board's recommendations. "Clearly, the board didn't base their decisions on the merits of Hank's case," Larkin said. The petition included testimony by the Medill Innocence Project and others knowledgeable about the case, and was augmented by "thousands of letters" sent from around the country.
"We are disheartened that the Texas Board of Pardons and Paroles has turned a deaf ear to Mr. Skinner's plea for a stay of execution to allow for DNA testing of key evidence that could prove his innocence," Skinner's lawyers said in a statement. "It is now more urgent than ever that Governor Rick Perry not allow Wednesday's execution to proceed until all of the facts are in.
"We urge the governor to take the reasonable and fair action of halting Mr. Skinner's execution so that readily available scientific evidence can be tested before he is put to death on Wednesday. To do anything less means that the State of Texas is willing to risk the execution of an innocent man."
The governor has selected or re-appointed all of the current board members. The board's chairwoman, Rissie Owens, also a member of the Huntsville school board, makes $115,000, while other members receive a minimum of $95,000 in salaries paid by taxpayers, according to the Texas Tribune. The lack of transparency, among other problems, has led State Sen. Rodney Ellis to propose sweeping reforms.
But any changes in the board's composition or procedures will come too late to save Hank Skinner, whose last hopes now rest with the governor and the Supreme Court.
--David Protess
| EDITORIAL: "Hold up Skinner execution for DNA tests" The Dallas Morning News March 23, 2010 "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." |
| Team Skinner, Class of 2000 | |
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Emily Probst. Investigative producer, CNN |
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Kirsten Searer. Principal of KuComm LTD, a Nevada firm specializing in political communications and advocacy. |
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Brittany Bailey |
(Updated June 10, 2010 12:29 a.m. CST)