The
U.S. Supreme Court
on Wednesday stopped the execution of condemned prisoner
Hank Skinner about an
hour before he could have been taken to the Texas death chamber.
Skinner asked the court and
Gov. Rick Perry for the
delay for
DNA testing
that he insisted could clear him in a triple slaying.
The brief order grants him the delay but does not
ensure he will get such testing. Perry had not decided on the delay.
Skinner, 47, faced
lethal injection for the bludgeoning and
strangling of his girlfriend, 40-year-old Twila Jean Busby, and the
stabbings of her two adult sons. The slayings occurred at their home in
the Texas Panhandle town of
Pampa on New Year's Eve in 1993.
The court order came as relatives of
Busby were climbing the
steps of the
Huntsville
prison to prepare to witness his punishment.
In the order, the justices said they would put off
the execution until they decide whether to review his case. If the court
refuses the review, the reprieve is lifted, according to the order, and
that would make Skinner eligible for another execution date.
Skinner, in a small holding cell a few feet from the
death chamber, expressed surprise when was informed of the reprieve in a
phone call from his lawyer.
"I had made up my mind I was going to die," he said.
"I'm eager to get the DNA testing so I can prove my innocence and get
the hell out of here.
"I'm greatly relieved. I feel like I really won
today."
Rob Owen, Skinner's lead attorney and a
University of
Texas law professor, said the court action suggested the justices
believed "there are important issues that require closer examination."
"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," he said.
If the
Supreme
Court refuses to review Skinner's case, a judge can set a new
execution date no sooner than 30 days after the justices' decision.
Skinner, splattered with the blood of at least two of
the victims, was arrested about three hours after the bodies were
found. Police found him in a closet at the trailer home of a woman he
knew.
The former oil field and construction worker said he
was present when the three were killed but couldn't have committed the
murders. Skinner said a combination of vodka and codeine left him passed
out on a couch and physically incapable of clubbing
Busby 14 times with an
ax handle and stabbing her sons, Elwin "Scooter" Caler, 22, and Randy
Busby, 20.
"I've been framed ever since," he said last week.
"They're fixing to kill me for something I didn't do."
Prosecutors argued Skinner wasn't entitled to testing
of evidence that wasn't analyzed before his 1995 trial. Courts over the
years since his conviction have agreed, rejecting his appeals.
Skinner's lawyers want to pursue in
federal district
court a civil case against the
Gray County District Attorney, whose office
prosecuted Skinner initially. That suit seeks to make evidence
available for testing.
They'd made a similar appeal to Perry.
Skinner's attorneys want DNA testing on vaginal swabs taken from Busby
at the time of her autopsy, fingernail clippings, a knife found on the
porch of Busby's house and a second knife found in a plastic bag in the
house, a towel with the second knife, a jacket next to Busby's body and
any hairs found in her hands that were not destroyed in previous
testing. Only the hairs were tested previously and those results were
inconclusive, according to court documents.
Skinner's trial lawyer, Harold Comer, chose not to test all the evidence
because he feared the outcome would be more damaging to his client.
Comer said he now favors the testing but defended his trial strategy.
"I would make the same decision with the same circumstances again," he
said.
Trial prosecutor John Mann, who has since died, also did not have all
the evidence tested. Current District Attorney Lynn Switzer, now the
defendant in Skinner's lawsuit, declined to comment about the case as
Skinner's execution neared. Lawyers representing her office challenged
the suit as improper.
Skinner would have been the fifth person executed this year in Texas,
the nation's most active
capital
punishment state. Twenty-four people were put to death in Texas
in 2009.
David Mikael Taclino
Inyu Web Development and Design
Creative Writer