Legal Commentary

Controversial Texecution Weds: 30 Day Delay Sought For DNA Testing

By Jeralyn

Gov. Rick Perry, what's your hurry? Test the DNA before killing Hank Skinner. So says the Dallas Morning News, Houston Chronicle and Austin American Statesman.

The Texas Board of Pardons and Parole has denied Skinner's request for DNA testing that is now available but wasn't at the time of his trial.

There are seven untested items that contain DNA that could be dispositive of Skinner's claim that he was falsely convicted.

The state has blocked that testing, noting that Skinner passed on a chance to have the testing done prior to his 1995 trial. That decision was made by Skinner's trial lawyer, who, noting that other DNA tests on items found at the crime scene damaged his case, didn't want further testing.

There's another possible suspect in the case. [More...]

"Evidence developed since Mr. Skinner's trial raises the level of doubt to full-scale alarm that the jury's verdict may very well have been wrong," Skinner's lawyers told Perry in a letter dated March 11 in which they offer a compelling interpretation of facts pointing to another possible suspect — now dead — with possible motive to commit the crime.

An Arizona lab has offered to do the testing for free. Gov. Perry can delay the execution for 30 days for testing to take place. His Facebook page is filled with requests to do so. Will he listen?

More about Hank Skinner's case is here.

Full post as published by TalkLeft on March 23, 2010 (boomark / email).