Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of 
The Medill Innocence Clinic at Northwestern University, which has been very successful in proving the innocence of people who were wrongly convicted, says that Texas may be about to put another innocent man to death.
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, less than five weeks from now.
Here are some of the details:
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.
And what Medill's investigation has turned up:
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.)
And remember, the Obama administration argued in court -- successfully -- that people in Skinner's position have no constitutional right to access that physical evidence for DNA testing, even if they pay for the testing themselves (which is not expensive in the first place). And the Supreme Court agreed, in one of the most heinous court rulings in the nation's history.
And believe it or not, it actually gets worse:
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.
Skinner's attorneys have now filed an appeal to the same Supreme Court that said he has no right to access DNA evidence for testing and that he was adequately represented by an attorney who didn't even ask for DNA testing in the first place. Texas is about to execute another innocent man. And the government doesn't seem to care.
Politics
Comments
That is a terrible tragedy. You have allot of good posts today Ed.
I simply can't believe they wouldn't allow access to DNA evidence. What do they have to lose? If he is innocent I would see him getting out as a win whichever side you where on initially.
Posted by: GH | February 24, 2010 10:13 AM
"... and justise for all."
Posted by: gski | February 24, 2010 10:18 AM
So, Comer got run out of the DA's office for embezzling drug forfeiture funds, the IRS sent him a tax bill for 90K and then his buddy, the judge, appoints him as Skinner's attorney for 86K despite a conflict of interest? What a country!
What exactly did Comer do to justify thieving more money from the state?
Then again, the state probably feels that they got the best justice money could buy.
Posted by: Johnny Clamboat | February 24, 2010 10:23 AM
The Medill Innocence Project does great work. Every time I hear about it, tho, I feel ill. I think of all the people they haven't been able to save.
Posted by: highnumber | February 24, 2010 10:28 AM
The appellant court document:
http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=18770
Posted by: MarkusR | February 24, 2010 10:54 AM
What's important to the current court system isn't that justice is done, they only care if justice is seen to be done. Justice is better seen to be done if the same person who was initially arrested is convicted, the conviction is upheld at all levels, and he's executed than if that person is exonerated at any point along the way. That would imply the police aren't perfect and they shouldn't have arrested him in the first place, and we can't have that. The system can maintain its illusion that he was guilty as long as they never change their conclusion, no matter how much the evidence might change.
The sad thing is, many people feel that this creates better faith in the system than a system which successfully weeds out all innocent people, at least at some level of appeal. The sadder thing is, they're right, and too many people fall for it. They assume the infallibility of arresting officers, because "the type to get arrested probably did something to deserve it anyway". (said by a poe here, I believe, but accurate)
But I don't care about faith in the system if it's broken. If the system is executing (or even imprisoning) innocent people, I don't want people to have faith in it. They should be marching in the streets to reform it.
...There's an idea. Perhaps Texas needs a good, old-fashioned march on Reed's behalf. It's not too late until he's dead. If this can get into the mainstream media, he might have a chance.
Posted by: infophile | February 24, 2010 11:24 AM
You're right infophile. The death penalty supporters I have asked are perfectly fine with an innocent person being executed for, ironically, killing an innocent person. I don't understand the complete lack of outrage.
Posted by: Owen | February 24, 2010 11:57 AM
Don't forget Scalia:
Posted by: Dr X | February 24, 2010 12:06 PM
Owen @ 7:
I know what you mean. In theory, I am a death penalty supporter because I think there are some people that this world would simply be better off without. However, I also think before commiting that irreversible act we better be way beyond a reasonable doubt about that person's actual guilt. We need to be a near total certainty as we can. Cases such as this one are outrageous and no one should be calm about it.
As I said, I support the death penalty in general but it really has no place in a justice system, the US justice system, that seems to place no premium on truth or integrity.
Posted by: Jeremy Shaffer | February 24, 2010 12:21 PM
Efforts like this caused me to switch to being anti-death penalty several years ago. It's an unconscionable position given the defect rate which is unacceptably high.
Posted by: Michael Heath | February 24, 2010 12:36 PM
Adding to the likelihood of Skinner's execution is the fact that its a gubernatorial election year in Texas, and even if Rick Perry was utterly convinced of Skinner's innocence, I don't think anyone believes for a second that Perry would put Skinner's life above his own career prospects.
Posted by: tacitus | February 24, 2010 12:59 PM
Everyday this blog reminds that a lot of people appear to believe the purpose of the justice system is to punish someone whenever a crime is committed. I'm willing to bet that a large minority >30% and possibly an outright majority of the public would favor eliminating the entire appeals process in criminal cases.
Posted by: penn | February 24, 2010 1:17 PM
Owen @7:
I've even seen some pro-death-penalty supporters argue that the deterrent effect of the death penalty is sufficiently important that it actually justifies the execution of innocents.
Posted by: Andrew G. | February 24, 2010 4:01 PM
Andrew -- do you ever ask if they're willing to volunteer?
Seems to me that the DA, at the very least, should be on trial for attempted murder (or the real thing, if the execution goes through.) After all, it sounds like they're trying to use the State of Texas as a way of killing a man that they must have known was innocent.
Posted by: psweet | February 24, 2010 4:39 PM
maddening.
Go go Innocence Project! Go!
Michael Heath: think of it this way: we're having the government decide death penalty? the same schmoes who can't deliver the mail? (grin)
:)
Posted by: VikingMoose | February 24, 2010 5:35 PM
VikingMoose - the same schmoes who can't deliver the mail?
I never got that joke. I've always been nearly perfectly happy with the USPS and I live in a place that gets some vicious weather (Northern Michigan).
Posted by: Michael Heath | February 24, 2010 6:11 PM
Well I get it, but I'd remind those yahoos that they are now conceding that the government can and should have "death panels" for grandma.
Posted by: trog69 | February 24, 2010 7:25 PM
Inconceivable.
But apparently the word doesn't mean what I think it means. >=( That poor guy. As though losing his girlfriend and her sons isn't enough...
Posted by: axilet | February 24, 2010 8:10 PM
A website has been set up with talking points and addresses of Gov. Perry, the Pardon/Parole Board and the District Attorney:
http://www.hankskinner.org/
Posted by: Jeff Eyges | February 24, 2010 10:28 PM
and who says gov perry has no heart?
http://thelede.blogs.nytimes.com/2010/03/02/texas-mother-ecstatic-about-posthumous-pardon-for-wrongfully-convicted-son/
March 2, 2010, 12:36 PM
Texas Mother ‘Ecstatic’ About Posthumous Pardon for Wrongfully Convicted Son
By ROBERT MACKEY
Richard W. Rodriguez/The Star-Telegram, via Associated Press
As The Lubbock Avalanche-Journal reported, on Monday Gov. Rick Perry signed the first posthumous pardon ever issued by the state of Texas, officially clearing a man who had been wrongfully convicted of rape in 1986. The pardon came more than a decade after the man, Tim Cole, died in prison at the age of 39 from complications after an asthma attack, and two years after DNA evidence proved that another man had committed the crime.
Posted by: jahigginbotham | March 3, 2010 2:11 AM
It never ceases to amaze me that people who know almost nothing about a case can declare someone innocent. What you wrote regarding Skinner, if not outright inaccurate, is highly misleading. I realize that you are only reporting what the defense has fed you. However, Skinner is not innocent and was not denied a fair trial. Any further DNA testing will not make the evidence of his guilt magically disappear. For those truly interested, go to Skinner's site and download the document "Findings, Conclusions & Recommendation of US Magistrate Judge - September 29, 2006" and read it.
Posted by: sam | March 6, 2010 7:16 PM
sam @ 21,
Do you or do you not support a convicted criminal sentenced to be executed getting the DNA evidence independently validated prior to their execution?
Posted by: Michael Heath | March 6, 2010 7:21 PM
Sam@21 - I have read those purported "findings". Whether or not the man is innocent or guilty he does deserve the right of obtaining DNA evidence prior to any execution. And by the way - he did not get a "fair trial" IMHO. The rest of the website that you refer to will reflect that this is the case.
Posted by: CR | March 12, 2010 8:25 AM
@22 Not if it wouldn't change the verdict. Otherwise, it is just another delaying mechanism.
@23 They are not "purported findings" they are the findings. The man is guilty, was found guilty, has yet to convince any reviewing court that he is not guilty - with good reason. And, no, he does not have the right to additional dna testing unless he can establish by a preponderance of the evidence that if the results were exculpatory, he would not have been convicted. He has been unable to meet this burden.
Obviously, by "fair trial" you mean one with which you agree with the verdict. Again, the state supreme court, the US district court, the 5th circuit court, and the USSC all believe he has gotten a fair trial. The website you refer to reflects this. However, re-arguing failed defense motions you find on it is not persuasive.
Posted by: sam | March 12, 2010 1:38 PM
With the greatest respect Sam I only ask that you read "thoroughly" the following web sites and let me have your thoughts - http://www.skepticaljuror.com/ and http://www.hankskinner.org/ Many thanks - look forward to your comments.
Posted by: CR | March 16, 2010 8:29 AM
CR: The skeptical juror website is crap. I have read all the relevant court documents off Skinner's website and Pacer and the relevant case law. If you and others did too, and understood what you were reading, you would know the claims of innocence are bogus and additional testing is not warranted.
Also: "[T]his Court finds that these allegations about Mr. Comer’s character have not been shown to have evidentiary support and further, are not relevant to the issue of whether he had a conflict of interest because he was the District Attorney when petitioner was prosecuted in two previous cases. Accordingly, these unsupported allegations will not be addressed by this Court." (from the Findings, Conclusions, and Recommendation of The United States Magistrate Judge)
Posted by: sam | March 17, 2010 1:26 PM
Sam, let me come right out and ask this question from a position of ignorance. If the documents readily available on the website truly indicate that Skinner is guilty beyond any reasonable standard of a doubt, then why are organizations such as the Innocence Project taking up his cause? Because again, freely acknowledging my own lack of expertise here, it seems to me that those folks would know pretty well whether or not this case is something they want to invest their time, money, and credibility on--nor is it really clear to me why they'd make such an investment simply as a delaying tactic.
I mean, logically, I hate appeals to authority as much as the next guy, but from where I'm sitting, if I had to place a bet, it would be on the guys who do this sort of thing for a living, as opposed to a random internet person such as yourself. Can you steer me right?
Posted by: Rorschach | March 18, 2010 3:05 AM
Rorschach:
Because their goal is to abolish the death penalty. It has nothing to do with guilt or innocence.
Look - the blood on his clothes was DNA tested and it matched Twila and Elwin's. The defense hired a blood spatter expert but his analysis hurt the defense. Obviously, they didn't call him to testify and Skinner did not post his report on his website.
One of the issues at the habeas corpus hearings was whether the trial atty provided ineffective assistance of counsel. The report was relevant because it explained why the atty chose the trial tactics he did. Therefore, the expert's observations and conclusions contained in the report were read into the transcript as questions. It was also quoted in the various opinions. The expert's name is Max Courtney:
"Shirt purportedly from Skinner. Medium velocity impact spatter and numerous other blood stains were found on the shirt. Most of the spatter was found on the shirt front, but some other very small stains were found on the back, possibly consistent with cast-off blood. The locations of the stain indicate that the sleeves were rolled up two turns and that his shirt front was open when at least some of the blood was deposited on it.
"Jeans from Skinner. There is a large amount of spatter on all sides of the jeans. This includes impact spatter and possible cast-off tracks on the front and back; it is on the lower surfaces and the higher surfaces."
"Overall, the clothing of Skinner shows blood s that are generally inconsistent with his having simply lay on the sofa during the attacks on the victims. The blood is too wide spread and on too many rent surfaces of the clothing.
(E.H. II: 371-372)
Medium velocity impact spatter is caused by bludgeoning.
Cast off blood occurs when the blood drips off the weapons.
Elwin's stab wound also produced spatter blood evidence.
Therefore, no matter what the results of any further DNA testing, it does not change the fact that Skinner was the person who bludgeoned Twila to death and that he lied when he said he was lying comatose on the couch when this occurred.
Also, Skinner gave a videotaped confession but it was sealed. This came out at the habeas corpus hearings and it is referenced discretely in the opinions. Like the blood spatter report it was relevant to explain why the trial atty tried the case the way he did.
p.s.: You don't know what I do or don't do for a living.
Posted by: sam | March 24, 2010 5:23 PM
Sam,
You disgust me. You'll fit right in with the fascists getting off of an innocent man's death. Go to hell.
Posted by: horatius | March 27, 2010 2:22 PM
It just amazes me that almost all of the evidence that proved this man guilty has not been mentioned in this article. One of the things You failed to mention is that the two adult sons were both mentally handicapped, The Neighbor that Mr Skinner ran to was his Ex-girlfriend who lived 4 blocks away!! And was hiding in her closet after telling her not to call the police. The defense was given the option to test the DNA but in fact thought it would hurt their case. These are just a few of the facts you chose not to mention. This man murdered 3 people and deserves to be punished for his crimes. Just a side note, I do not have any connection to any of the people involved in this horrific Murder . The Evidence tells it all!!!
Posted by: Pampa Resident | May 26, 2010 3:44 PM