Judge denies DNA request for death row inmate

[Sandy]

07/02/2002

Associated Press


Attorneys for death row inmate Henry Watkins Skinner, convicted of killing his girlfriend and her two sons, promise to appeal a recent ruling by a Pampa judge who denied a request for further DNA testing.

District Judge Steven Emmert denied a defense motion last week that sought to test various items to determine whether someone other than Skinner committed the crimes.

"Obviously, we're not pleased by the ruling," said Skinner's co-counsel Doug Robinson. "The Legislature passed a statute that says in cases like this, where you've got questions of guilt or innocence, the defendant is entitled to DNA testing."

Skinner was convicted of bludgeoning Twila Jean Busby, 40, with an ax handle then stabbing her two mentally impaired sons, 22-year-old Elwin Caler and 20-year old Randy Busby, at their Pampa home on New Year's Eve in 1993.

The case came under scrutiny in 2000 because of a lack of forensic testing despite a wealth of evidence, and questions about the behavior of Skinner's defense attorney.

Robinson said he will appeal the ruling to the Texas Court of Criminal Appeals, which in 1997 denied a motion requesting more testing.

Emmert gave no reason for last Wednesday's denial.

At trial, the defense admitted Skinner was present at the time of the killings but said he was passed out on the couch from a combination of alcohol and codeine.

The case has bounced between state and federal court in recent years as arguments over the proper venue have been exchanged.

The case is now in federal court, where authorities are considering a motion to dismiss the case so a writ of habeas corpus can be considered in state court.

The request for DNA testing seeks the testing of two knives, a rape kit and other items from the crime scene.

The state has done DNA testing, but Robinson said the state tests missed key pieces of evidence that might prove the defense theory that another person broke into the house and killed Busby and her children.

"They have not tested the blood on the two knives that are probable murder weapons," Robinson said. "Wouldn't you think that would be the starting place that you'd want to test? There was an indication that Twila might have been sexually molested, but they did not test the rape kit.

"The state has been selective in its testing," he said.

Skinner's trial attorney, Harold Comer, who left his post as Gray County district attorney in disgrace after improperly borrowing $10,000 from a drug seizure fund, had prosecuted Skinner for car theft and assault.

As a defense attorney, Comer therefore couldn't object when the prosecution held up those convictions as proof Skinner would be a future danger to society, the standard for Texas juries deciding on a death sentence.

[Joy]

Oh, of course. Why have DNA testing that would prove Texas may have made a mistake? We wouldn't want people to know that Texas isn't perfect, now would we? So what if it is at the expense of someone's life. :argh

Sorry... don't mean to be sarcastic. I'm just getting tired of hearing stories like this. I just don't get it.

[sherri13]

for gods sake, how can they deny this man an opportunity to prove his innocence?!! *** his life LITERALLY depends on it- this really ticks me off!!!!@@##%%$^789

[Sandy]

That's ok Joy, I understand. I don't like to hear stories like this either ...doesn't give me much hope in seeing AG get a chance to prove his innocence either.

I'm still holding out though that with all the bad press the death penalty is getting now and the attention that's being brought to the issue and all the appeals that are being taken to the Supreme Court, that somehow or someway the higher powers will realize that there's a definite problem...esp in the state of Texas, where it seems like they play by their own rules.

[danielle]

I can't believe it! A total outrage!