High court blocks Texas execution

[sonias]

AAS 3/24/10
High court blocks Texas execution

WASHINGTON — The Supreme Court has blocked the execution of a Texas man who says DNA testing could clear him of the triple slaying that has sent him to death row.

The justices' order Wednesday could allow Hank Skinner access to evidence that he says could demonstrate his innocence.

It's a miracle! Our own stinking Board of Pardons and Paroles couldn't be bothered to recommend a stay. :grr:

:woohoo:

[sonias]

1. Grits for Breakfast earlier today

Grits for Breakfast 3/24/10
Execution looms with DNA evidence untested: Will SCOTUS, Governor intervene on Hank Skinner?

Today is the deadline. One of three things will happen today in the Hank Skinner case: He will be executed later tonight, the US Supreme Court will stay his case and order DNA testing on potentially exculpatory evidence, or Governor Rick Perry will commute the sentence for 30 days to allow the evidence to be tested. Which will it be? Your guess is as good as mine, so please record yours in the comments.

For my part, I think Sam Millsap is right: DNA testing only works if the justice system chooses to use it. After the Governor signed Timothy Cole's posthumous pardon last week, after all the DNA exonerations in Dallas and around the state, much less after witnessing the imbroglio over post-execution innocence claims in the Todd Willingham case, I think it's high time Texas stopped fooling around with these cases (as though they were engaged in a juvenile game of political chicken with the capital defense bar) and start to make sure, at least, that the state is killing the right guy before putting him down.

I never would have guessed that this SCOTUS would give a damn. I knew Perry wouldn't of course - that was a given.

[sonias]

2. Texas inmate seeking DNA test gets last-minute stay of execution

CNN News 3/24/10
Texas inmate seeking DNA test gets last-minute stay of execution

(CNN) -- The Supreme Court granted a temporary stay of execution late Wednesday for a condemned Texas inmate who is requesting DNA testing of evidence in his case.

The order was handed down less than an hour before Henry "Hank" Skinner, 47, was scheduled to be executed by injection for the New Year's Eve 1993 killings of his live-in girlfriend, Twila Busby, and her two sons, Elwin Caler, 22, and Randy Busby, 20, in Pampa, Texas.

The Supreme Court granted the temporary stay while it considers whether to take up Skinner's broader appeal. It was not immediately clear when the court might consider the case, but there was no indication a decision would be made before Thursday.

Skinner's attorneys maintain that DNA testing of the evidence could establish his innocence and determine the real killer.

[onestepforward]

5. I'm very glad that SCOTUS stepped in

since goodhair and the parole board cannot take this seriously and handle it as such. Sigh...

[sonias]

3. Execution delayed in DNA case

Scotus Blog 3/24/10
Execution delayed in DNA case

The Supreme Court on Wednesday evening delayed the execution in Texas of Henry W. Skinner, at least until the Court acts on his new case seeking to pursue a civil rights claim that he was denied a chance to have DNA evidence tested in an attempt to prove his innocence of a triple murder more than 16 years ago. The Court’s order blocked an execution that had been scheduled for 7 p.m. Washington time. The Court has not yet scheduled its consideration of his pending appeal (Skinner v. Switzer, 09-9000; his stay application was 09A743).

Skinner is seeking to raise an issue that the Justices had agreed to review last Term in District Attorney’s Office v. Osborne (08-6). The Court decided the Osborne case on June 18, but left unresolved that specific issue. The question is whether a state inmate seeking access to and testing of DNA evidence may pursue that claim under civil rights law (Section 1983), rather than in a federal habeas challenge. Skinner’s lawyers contend that he has tried unsuccessfully to use Texas state procedures for DNA testing, so his only remaining chance to get it is through a civil rights claim.

[Soylent Brice]

4. you should have posted this in LBN.

at least x-post this in GD.

[sonias]

6. Time to test Skinner DNA evidence

Grits for Breakfast blog 3/25/10
Time to test Skinner DNA evidence

(snip)
Karl Keys at Capital Defense Weekly sums up the news of the Supreme Court's stay in the Hank Skinner case aptly: "As always, Rob Owen rocks. My suggestion to the Texas AG’s office, test the material now & moot the issue if Mr. Owen & crew are wrong."

That's exactly right. If SCOTUS was going to let Skinner be executed without the evidence being tested they'd have let it happen last night. This matter could be put to rest in 30 days time one way or another.

It's time to test the evidence - past time, really. Do it to save face for the state of Texas, if nothing else. Don't further encourage the impression that Texas judges and prosecutors are biased, bloodthirsty, and can't manage capital cases without killing an innocent person. In D.C. they're holding panel discussions on the topic, why give fodder to those stereotypes?

A footnote: Governor Perry failed two important tests yesterday by failing to commute Skinner's sentence and forcing the Supreme Court to manage his business:

:kick:

[sonias]

7. Skinner Gets a Stay

Texas Tribune 3/25/10
Skinner Gets a Stay

(snip)
The court issued an indefinite stay, but it did not agree to accept Skinner’s case. The court said it needed more time to review Skinner’s claims and to decide whether to intervene. "This action suggests that the court believes there are important issues that require closer examination," said Rob Owen, Skinner’s attorney and co-director of the University of Texas School of Law's Capital Punishment Clinic. "We remain hopeful that the court will agree to hear Mr. Skinner’s case and ultimately allow him the chance to prove his innocence through DNA testing."

While prosecutors tested some DNA evidence — blood samples from Skinner’s clothing that placed him at the scene of the crime — a pile of DNA evidence went unexamined, including a rape kit, murder weapons and other biological samples found the night of the murders.

On New Year’s Eve 1993, police in the tiny Panhandle town of Pampa found Busby sprawled on the living room floor in her small home, raped and strangled, her face and head bashed more than a dozen times with an ax handle. One of her sons lay in his bed, stabbed in the back. The other son died from stab wounds after he crawled to find help at a neighbor’s house.

Investigators immediately focused on Skinner, a known drug and alcohol abuser with a history of petty crime. Two years later, jurors in Fort Worth convicted him in less than two hours, after learning the victims’ blood was on his clothes and hearing testimony from an ex-girlfriend who said Skinner admitted he kicked Busby to death.

But toxicology tests showed that Skinner was nearly comatose from a mix of vodka and codeine the night of the murders. He argues he was unconscious on the couch while the real murderer attacked Busby and her sons. And the ex-girlfriend who testified against him later recanted her story.

I can not understand why all the DNA evidence was not tested. If the state of Texas is so sure he's the right guy - then prove it. It certainly can't hurt to test the evidence. If there was someone else who committed this crime, then let the evidence prove it.

I hate the Texas killing machine! :mad:

I just hope SCOTUS makes the right ruling to take his case and force the state to test the remaining DNA evidence. I certainly don't think A.G,. Abbott or Perry will do it voluntarily.

[sonias]

8. Skinner’s stay of execution raises civil rights questions

San Antonio Express News 3/26/10
Skinner’s stay of execution raises civil rights questions

(snip)
Skinner’s lead attorney, Rob Owen of the University of Texas’ Capital Punishment Center, called on the court to resolve the question, noting five circuit courts now allow civil rights claims, two do not, and five are undecided.

The New Orleans-based 5th Circuit Court of Appeals denied Skinner’s request for DNA testing of bloody knives, material found beneath the victim’s fingernails, rape kit samples and other items found at the crime scene in the Panhandle town of Pampa.

(snip)
Adam Gershowitz of the University of Houston Law Center said it is "very likely" the court will take up the case.

"The issue has been brewing for a long time," he said. “There’s been a lot of controversy between the circuits. ... You need five votes to grant a stay and only four votes to take up a review."

Prisoners wanting courts to order DNA testing can submit the requests in the form of habeas corpus filings or as Section 1983 civil rights claims. But, said Gershowitz, making a habeas corpus claim for DNA testing at the federal level rarely succeeds. That’s especially true when a petitioner attempts to introduce new issues that the defendant’s lawyer failed to raise at trial.

[tammywammy]

9. I was so glad that he got the stay

If the Gov and Parole Board are soooo sure they have the right man, why not test the DNA. Heaven forbid we actually try to prevent putting an innocent person to death.

[WolverineDG]

10. Even my knuckle-dragging relatives who support the death penalty

have no problem with making sure the State has the right guy.

dg

[tammywammy]

11. You know I go a bit back and forth on the death penalty

I do think for horrific crimes it could be used as a punishment, but the fact that our state won't really verify they HAVE the right person makes me against the whole process. It doesn't deter crime and it ends up costing the state more since there's all the appeals to contend with.

The fact that the state won't even do DNA testing makes me so pissed. If you're going to execute someone, you better damn well have a solid air-tight case.

Utimately I'm in the anti-death penalty camp, since one innocent person being executed is too many. You can't take back someone's death.

[sonias]

12. Because they don't want to know

They want to keep their unwavering belief that they have never executed an innocent person.

But this is precisely why our judicial system in Texas is broken. It really doesn't "cost" them that much to be 100% sure. I can not believe that our prosecutors and D.A.s and even our worthless A.G. and Governor would not give every capital conviction case the absolute last chance DNA review for every case.

The Texas killing machine is a horrible miscarriage of justice.