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Old 09-21-2009, 06:51 PM
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Dandylion Dandylion is offline
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Post Hank Skinner - Hell Hole News

NEW HELL HOLE NEWS #13
July 20, 2009

Well here I am again! I’m sure most of you have by now seen the artfully written Associated Press story about the U. S. Court of Appeals for the 5th Circuit’s opinion in my case, denying relief. I expected no less out of those three (3) “judges”. Ha! But I’ll get to that in a minute.

First, I owe you all out there an apology for using the derogatory term “camel jockey” it was merely meant to show a certain individual what I think of her retaliation and the far worse names she uses to refer to myself and others here. This woman has a serious problem or, set of them; but as I said previously, it’s about to be remedied for her. In any event, I’m self-correcting on use of that term – it’s derogatory toward an entire class of people (middle easterners) who’ve done nothing to deserve it and I sincerely apologize to all for that gaffe. I had no business doing that at all. I’m sorry.

Back again to the situation here. We just came off a two week long lockdown. I died laughing when these media hypers like Mike Ward wrote “Governor Perry ordered a rare system-wide lockdown”! Prison sweep to search for contraband” and intimated it was the first time they’d done it in ten years (?!!) Ha! They do it every six months! They haven’t been “lax” (Whitmire’s accusation) on it; ask any officer who works here. It’s mandatory. They take all our property out of the cell and take it to the day rooms where long tables are set up with 2 or 3 officers per table and they open everything up and go through it all, page-by-page, piece-by-piece. Simultaneously they have 2 officers in the cell with rods, shims and hooks prodding all cracks, holes, nooks and crannys around the edges of the doors, light fixtures, windows, vents, toilets etc. etc. Anywhere different surfaces meet, essentially. They do the same to the dayrooms themselves and, any and all other places prisoners have access to. i. e. outside rec yards, legal visit booths, showers etc.

TDCJ seems intent on fomenting a growing public hatred for death row prisoners by constantly denigrating them in the media and purposely over focusing on their crimes and or embellishing and aggrandizing any purported “bad acts” by the prisoner.

In recent media coverage of my own situation Mike Graczyk of the Associated Press narrowly reports only the worst selected snippets out of the recent 5th Circuit decision in my case. For example, they run two photos of me; one taken 6 years before the murders and which had no connection whatever to the case ------that was a book-in photo taken in 1987-88 after I’d been arrested and beat up by Pampa Police Department “officer” Danny Lance. My expression is fearful, wild, defiant, tight lipped. My eyes are kinda bugged out.

This photo, thinks Cheryl Berzanskis of the Amarillo Globe-News makes wonderful cannon fodder for portraying me as some kind of rabid psycho who’d kill a house full of people on a whim. I’m no such thing. I’ve never killed anyone. I have “ample” proof of that, Mr. Jerry E. Smith and cohorts, Wiener and Owen. But I’ll get to dealing with these three “judges” (ha/ha) in a minute.

The other photo ran of “me” in the Pampa News looked horrid indeed. I’m not sure where this purported photo of “me” came from but I think it’s been heavily distorted, photoshopped or something of that nature. One, I don’t wear my hair that way and it’s not that receded or gray on top altho’ I do have quite a bit of gray on the right side. My face is not fat or wide like that, I have no sags or wattles under my chin, my neck is not wrinkled or flabby. I just looked at it in the mirror – it’s far thinner than this photo depicts and smooth as can be. I have a more recent photo and I’ll send it shortly to my Myspace page and website for illustration. (See: Gallery at http://hankskinner.org/) It just always seems the media is intent on portraying me in the worst light possible via unreal distorted means. Character assassination by manufactured, negatively oriented imagery. How quaint.

Now, on to the story itself. As I said, it quotes only the most negative statements from the opinion. It wholly fails to relate the reality of the situation, which is this:

First of all those two IAC (ineffective assistance of counsel, a 6th amendment claim) claims were the very least of more than 8 related, interwoven and interlocking claims of IAC, the cumulative effect of which resulted in my wrongful conviction. But the court arbitrarily denied a COA (certificate of appealability) on all other claims, leaving only these two rather minor ones that they could more easily cast aside and inappropriately deny. Denying COA on the other claims allowed them to ignore current evidence like DNA test results which are exculpatory and Andrea Reed’s full recantation on her trial testimony, which was lies.

The other claims were: 1.) Failing to impeach the state’s star witness, Andrea Reed with her prior inconsistent statement – this alone in any other case is adequate grounds for reversal on appeal; 2.) Ineffective closing argument; 3.) Failure to prove my allergy to codeine; 4.) Failure to inform Dr. Lowry, our toxicologist, of the allergy; 5.) Failure to rebut the D. A.’s closing argument which contradicted the state’s own evidence; 6.) Failure to obtain and introduce evidence of my innocence; 7.) Failure to obtain DNA testing which would’ve provided exculpatory results; 8.) Failure to have other scientific tests performed; 9.) Denial of effective counsel at the motion for new trial stage.

All of this while counsel, the ex. D. A. who’d also previously prosecuted me twice and was laboring under an actual conflict of interest, had been thrown out of office for stealing (that known as embezzlement, Michael Graczyk, not “borrowing” you lying sack of garbage) $10,000.00 from the drug fortfeiture fund and, who’d made an under-the-table-agreement with the trial judge to sell me out and let then D. A. John Man convict me on false pretenses using perjured testimony because counsel, Harold Comer, owed the I. R. S. $96,000 in arrears for filing false tax returns and had defaulted on his repayment agreement because his cocaine and downer habits were out of control and eating his lunch and his wallet. The trial judge, M. Kent Sims, ultimately approved interim payments to Comer totaling $86,000.00 +/- less the $10.000.00 he stole. Ha/ha.

Michael Graczyk’s propagandish story conveniently fails to mention any of these things, huh.

Michael Graczyk is a ghoul and a wannabe cop, not any reporter for an impartial media. The same and worse is true of the Pampa News David Bowser, who wrote the fake smear campaign stories for Mann in 2000 when he was lying about the DNA testing results, falsely alleging it was my hair and my blood “clutched” in my girlfriend, Twila Busby’s hands. Subsequent re-evaluation of the underlying electronic date reveals the DNA profile from the blood is Twila’s own and the hairs “clutched” in her hand, wrapped around her ring finger, caught under her ring came from an “unknown male individual”, not me!

There is untested evidence in this case that would unequivocally prove who committed the crime. I fear it would’ve been. My own lawyers, including trial counsel, have said they fear testing it will only incriminate me further. But hell, I just insisted on it. What have I got to lose? I’m dead anyway, right? I agree it’s time to bring this circus to an end but, by God, do it right. I was passed out that night, in an alcoholic blackout and I don’t know what happened. Looks to me I ought to at least be able to go to my grave on the truth and not his current pack of bullshit and lies, eh? Texas (in)justice! Whee! Whew! (Lyn: "Possy." “I can’t hear you." ha/ha!) This stuff makes me ill, nauseous en extremis.

Here goes Mike Graczyk now with his phone-up-the-wazoo-crap. Well here’s an interesting aside. Ol’ Whitmire et al wants to jam cell phone signals. Ha! So?! Keep them cell phones out of prisons and out of (allegedly) the prisoner’s bootys! Just the other day I was reading a dream come true story. A company called (of all things!) AZZtech out of Russia has developed a miraculous satellite phone that is favored by the Russian Mafia operating here in the U. S! This phone is badass! It’s a tiny little phone with w/3G internet access. It’s a flip phone (i. e. folds in half). Closed it’s only coded and encrypted ----- it cannot be tapped or listened in on. It has no GPS locator and it has a ‘bounce back’ signal feature where is cannot be tracked by signal; as if you’re in, like, Africa the signal may appear to originate in Tibet or somewhere! Cool, huh! Also, for a small extra fee the phone can be set up to dial directly into the AT&T trunk line (mainline land line) so you can call long distance anywhere in the world anonymously and, for free! Because of the minute size it’s perfect for any of you who truly want to hide it in the special, warm, dark place! Just remember to water proof it, first. The only drawback to this phone is that it only emits a tiny beep when it rings, it cannot be set to vibrate – so for any of you who want prostate stimulation, you’re literally outta luck. The upshot is, cell phone microwave radio jamming technology has no effect on digital transmission! So, “jam” that, Whitmire! The Russian Mafia has graciously decided to offer a two for one combo package and free shipping in the U. S. or Europe. Needless to say, we’ve all decided to join the Russian Mafia! Ha/ha! Remember, if you’re questioned by OIG (we call it oink! oink!) the official single word is “nyet” and only “nyet”! Ha/ha.

Back to the 5th Circuit decision --- A number of things are seriously out of whack here, starting with the statement again that Scooter (Elwin) and Randy were “retarded”. They were not! Perhaps a bit socially retarded because no one much interacted with them at home until I came along but, they were not mentally retarded. Both graduated high school. This “retardation” was a myth created by John Mann, then district attorney, to try to explain how someone in my condition could’ve overpowered and killed two strapping young men 22 years old 6’ 6” 245 lbs and 6’1” 180 lbs. At the time I was 5” 9’ 145-154 lbs depending on which police report you want to credit with belief. So Mann began calling them “poor little retarded boys” and Twila’s mother lent credibility to the lie by perpetuating in a court.

Andrea Reed is described as an “ex-girlfriend”. This was coined to try to explain away her 1997 full recantation of her trial testimony. She now admits everything she said was a lie suggested to her by D. A. Mann and Tracey Warner – then assistant district attorney under threat if she failed to comply. This will become important in a minute – read on. Andrea and I did once live together, back in 1984. For the next 17 + years we were distant acquaintances. The magistrate suggested she recanted to “help her friend Skinner” implying romance was a motivator. Ha! Well, if that were the case she never would’ve testified against me or lied on me to start with, would she.

Graczyk is his “story” conveniently failed to mention this passage from the opinion: “Skinner presented evidence that he was too intoxicated from alcohol and codeine to have committed the murders. An expert testified that, based on the blood/alcohol levels, Skinner should barely have been able to walk, let alone commit three [or any!] murders. Skinner also argued that Robert Donnell, Twila’s uncle, was the murderer”. That too was based on solid evidence, not just my idea or speculation.

The expert who testified was a retired FBI agent of 27 years who holds two masters degrees and a list of accomplishments in his C. V. (Curriculum Vitae) that goes on for 7 or 8 pages and, most importantly, his evidence was unrefuted and agreed to / conceded on every point by the state’s own experts! But altho’ all that is in the record, Judge Jerry E. Smith conveniently overlooked it, eh. Imagine that.

Next, in footnote 4 he takes issue with the fact that my attorney, Rob Owen, corrected the judges in their COA opinion when they incorrectly stated that the Pampa Police Department Morse Burroughs’ blood spatter report “does not establish, beyond mere speculation, that the blood on Elwin (Scooter) was Twila’s”-----establishing, we allege, proof that Scooter was attacked and stabbed in the living room at the same time his mother was assaulted and not in the back bedroom as D. A. Mann alleged at trial. The distinction is important because it indicates either one person used multiple weapons, expertly switching from one to the other or, there were multiple assailants attacking them simultaneously.

Rob showed that of the four persons known to have been bleeding in the house that night only Twila was attacked in such a way as to cause the type of cast-off *(sic) spatter observed by Burroughs report. (* not cast off but medium velocity impact spatter).

Judge Smith responds that Rob “does not, however, provide a citation to the record or any other source that supports that contention”. That has got to be the most obtuse statement I’ve ever read in a 5th Circuit opinion and that’s saying something, as I’ve read hundreds of them if not over a thousand.

Anyone who handles criminal cases should be familiar with B P A Science (blood stain pattern analysis aka blood spatter interpretation) since it’s gained such widespread renown and use in recent years. In one recent and notable case in Texas the godfather of BPA, Herbert Leon McConnell used it to exonerate capital defendant Susie Mowbray, who’d been falsely convicted of killing her husband for the insurance money by shooting him in the head while they were both in bed. Turns out he committed suicide while she was asleep and his blood blew all over her from backspatter.

In a murder scene like the one at my house there are three kinds of blood patterns: 1.) Dripped blood – leaking from a wound; 2.) cast off spatter-slung off a limb, wound or weapon by movement and the effects of centrifugal force overcoming the static bond of liquid blood to whatever surface it’s on; 3.) Medium velocity impact spatter (M.V.I.S.) which occurs only in blunt force injuries of the type Twila sustained—she was beat in the head with an axe handle. In M.V.I.S. the first blow creates a defect in the flesh which fills with blood. The second or subsequent blows spatter that blood outward creating M.V.I.S. on whatever the spatter hits –in this case Elwin “Scooter” Caler and his undershorts. A 4th kind of blood spatter is direct contact transfer – touching a blood surface. Then the blood gets on you or your clothes.

Twila was the only victim bludgeoned to death. Scooter and Randy were both stabbed, which created no M. V. I S. unless Judge Smith is suggesting an assailant was also bludgeoned and got away (which exonerates me) or, there was some nameless fifth (5) victim bludgeoned whom the Pampa Police department never found or identified, the blood on Elwin “Scooter” Caler absolutely had to come from his mother and that fact is abundantly reflected in the record. i. e. only Twila’s blood and hair was on the end of that axe handle. Judge Smith and his cohorts are simply inept, if they can’t even grasp the most basic facts of the case. The real deal is, they do understand; they’re just acting like asses because they’re so high toned and don’t like being corrected over something so simple that they failed to see. Their antagonistic response to it tells volumes about their lack of judicial and personal integrity and fortitude.

Smith goes on to rehash the state’s old worn out mantra “duh, he walked 4 blocks to Andrea Reed’s trailer so duh-uh, it means he killed three people in a minute and a half” as if I just strolled right down there in a perfect gait.

There is a vast difference in staggering, falling and crawling down the street in fear for your life and maliciously and expertly assassinating 3 people in a minute and a half using 3 different hand held weapons (axe handle and 2 knives) with wound grouping patterns so tight a green beret could not do better.

Think about his ok. Using an axe handle 3er had to be pretty big; 2.) He/they had to be big enough to overpower Scooter, who was 6’ 6” 245 lbs and; 3.) Whoever stabbed Randy had to be tall enough to do it. He was in the top bunk of a bunk bed and it was pretty high. I’m only 5’9”. I had to get up on a foot stool to change sheets on that bed. All at 0.24 BAC and 0.8 mg/ml codeine blood level.

As an odd aside, an officer here with life-long military service, I think in a special forces unit of the marines, told me that, due to the way they were literally assassinated, he believed whoever killed them had military training because the blunt force trauma on Twila was directed solely to her head, because of the way she was strangled unconscious first and because, especially, of the way Scooter and Randy were stabbed in vital areas 3 times each – he said only military people are trained to kill that way in hand-to- hand combat.

Judge Smith says there was ample evidence I was the murderer and cites blood on my clothes of Scooter and Twila; plus my “confession” to Andrea Reed and, there was no physical evidence of anyone else’s having entered the house the night of the murders, he says. All untrue / incorrect!

This I.A.C. claim has to be viewed through the prism of the known evidence at the time of the trial, so ostensibly that’s what Judge Smith is alluding to here, but he’s artfully mis-written it to appear as if those things are still true today and they certainly are not. Nor were they true in the context used at the time of trial and, if anyone is “overstating the implications of evidence”, Judge Smith is the one doing so, here. Very falsely and deceptively at that!

I never “confessed” anything to Andrea Reed. She just intentionally misunderstood what I said. And, it is only through the court’s gutting of our out her I.A.C. claims that Judge Smith is able to so aptly misstate and mischaracterize this “evidence” as such.

What actually happened is this: First, Andrea said she wanted to call the house. I said, “No, you can’t” They’ll come over here and kill us!” But I was also suffering the after-effects of that codeine allergic reaction and I couldn’t articulate it clearly; I was talking out of my head, semi-delirious. Still, I said, “No, they’ll kill us!” I’m sure.

Later on when I was a few degrees better but still half out of it, Andrea said, “I’m going to call Twila to come get you?. I said, “You can’t call her, she’s dead”. She said, “How do you know that?” I said, “because I kicked her”. What I meant was, I’d remembered tripping and falling over her as Scooter tried to get me out of there and I remembered lying prone on the floor and seeing her. I knew she was dead – she didn’t move when I’d hit her with my foot. I saw what was done to her and instinctively knew no one could survive that. At the time I could not articulate all that, but I know Andrea knew what I meant because I followed it with “she didn’t move” - “I kicked her, she didn’t move”, = I knew she was dead.

These things were included in other claims the court gutted from hearing – Andrea has fully recanted her trial testimony because it was all false. Lies she concocted at the instance of D. A. Mann. It all started on the night of the murders when the P.P.D’s Katie Gearhardt and D.A.’s investigator Bill McMinn started threatening Andrea telling her she could go to prison and lose her kids if she knowingly harbored a fugitive (me) and assisted me in any way. This is a standard corrupt pig tactic in Texas; divide and conquer. Get her feeling like I got her in trouble so she’ll say bad things about me, to help them. Flim flammery.

So, my statement to Andrea, “No, you can’t call! They’ll kill us!,” became “You can’t call anyone or I’ll kill you”. “I know she’s dead because I kicked her; she didn’t move” became “She’s dead because I kicked her to death!” -- and even that doesn’t qualify for any “confession” because I had no shoes on at all; Twila was not “kicked to death” nor kicked anywhere. So you see Judge Smith is nothing but a common prevaricator and, joined in it by Wiener and Owen. I never credibly confessed to Andrea nor anyone else because I’m not guilty.

As to the blood evidence, that state’s own experts at trial flatly stated that the tested bloodstains on my clothes were only contact transfers and in no way alluded to nor proved guilt of any crime; they proved only that I “somehow came into contact with the victims (Scooter and Twila) at a time after they became bloody”. So far from “ample proof” that I am guilty, there is no credible proof that I was even in the house at the time of the murders! Much less that I was the assailant. I wasn’t even wearing Randy’s shirt and my pants, they were hanging on a chair back and hanging off the seat of it right by where Twila was killed. The truth is, for all Judge Smith knows, on this record, I could’ve been in my gym shorts at the neighbors, staggered in drunk after the murders and fell all over the place; Scooter got me dressed and out of there, he went to one neighbors and I, another. Now tell me – he had wounds just as I did, he had blood all over him – his mother’s and his brothers and his own. What’s the difference between he and I? Why has he never been accused of killing his brother, then his mother, then attempting to kill me but I got away? For all we know his mother stabbed him because she came home and discovered he’d killed his brother, they got in a fight, she stabbed him, he throttled her unconscious and beat her head off. I’m not saying for a fact that this happened; I don’t know that it did. But the so called “overwhelming evidence” of my alleged guilt lends itself just as equally to that scenario as to any other. More so, Scooter is the only one in that house who could’ve stood flat footed and stabbed his brother in that top bunk. My point here is that quite obviously Smith, Wiener and Owen are just 3 more biased, prejudicial, rush-to- judgment types as have been the last 13 judges to review the case (M. Kent Sims, Steven Emmert, Federal Magistrate Clinton Averitte, Federal District Judge Mary Lou Robinson and the nine (9) judges on the Texas Court of Criminal Appeals). That’s a sad state of affairs, isn’t it? You bet.
Now you see why I call it Texas (in)justice!

Lastly, Judge Smith cites “no physical evidence of anyone else’s having entered the house the night of the murders”. Ha/ha. This is more subterfuge.

One of the claims these three excuses for a judiciary denied was trial counsel’s (Comer’s) failure to test the evidence. Now pay careful attention here, o.k.

In 2000, after an extensive investigation by Professor David Protess (of Northwestern University’s Medill School of Journalism) and his students, then D. A. John Mann selectively tested certain pieces of evidence in order to “put a few more nails in [my] coffin”. Mann proclaimed that the hair and blood “clutched” in Twila’s dead hand was mine. He lied. The testing was carried out by the notorious William “Bill” Watson of Gene Screen in Dallas after Mann called a corrupt D.A. in Houston he was friends with, Kelly Siegler, and she recommended Watson as a DNA analyst who’d give Mann the results he wanted. Mann then got stories run in the local paper stating, “D.A. will test evidence. Expects tests will show blood and hair belonged to Skinner, he says”. (paraphrased). “Expects”?!! Freudian slip, you think?

Watson is infamous as the DNA analyst who provided false inculpatory results in the Austin “yogurt shop murders” case where several teenage girls were brutally assaulted, raped, murdered and then burned.

Robert (“Hillbilly”) Springsteen IV and Michael Scott were arrested, indicted and convicted in that case after being coerced to give full confessions. Two other defendants were dismissed. After years of languishing on death row, credible DNA tests were finally carried out and it turns out that the semen and blood evidence exonerates them both. They’ve both since been released from custody.

Watson provided the same kind of false and misleading DNA results in Springsteen’s case as he did in mine. In 2004-2005 we obtained the underlying electronic data from Watson’s testing and had it analyzed by an excellent expert. It turns out that the blood in Twila’s hand and on the hairs “clutched” in her hand is her own, not mine. The hair belongs to an unknown male individual.

Bear with me now and understand: everything I’m citing here is almost exclusively the state’s evidence, not the defense’s.

D.A. John Mann told the media that the hairs “clutched” in the victim’s hand were obviously “torn from the head of her assailant, by her, during the struggle for her life, which she ultimately lost” (again, that’s paraphrased but elementally accurate).

When the Texas Court of Criminal Appeals (CCA) thought the blood and hair were mine they said it absolutely proved my guilt by showing that I was in close contact with Twila at the time of her death. Yet, when we discovered that the blood was Twila’s and the hairs belonged to an unknown male individual the rooty poot Federal Magistrate said, “Oh, it’s just hairs from the home and carries no evidentiary value at all”. You gotta be bull shittin’ me!

Now explain me this, will you: as the lead Pampa Police Department detective Terry Young told the Houston Chronicle’s James Kimberly and Mike Tolson in a July 28th, 2000 story titled “Another Death Penalty Case Becomes the Focus of Scrutiny”: “Young acknowledged that Skinner never confessed to the crime” so, what the hell is Judge Jerry E. Smith talking about?

O.k., just right quick some other evidence: at the time of the murders, besides having a 0.24 B.A.C. (blood-alcohol concentration) and 0.8 mg/ml near lethal codeine blood concentration – to which I’m allergic/intolerant, by the way – and besides the synergistic effect of the two when combined, which multiplies their potency, there’s a bloody footwear (boot – American polytechnic) impression in the pooled blood by my gal’s head and bloody prints leading out of the house; her clothes were half pulled off and there were signs she’d been raped; her hands had defensive wounds and skin/blood caught under her fingernails, there was semen in her panties; there was a bloody, fully articulated handprint – fingers and palm – on the front storm door glass; there were bloody fingerprints on a black plastic trash bag found close to where Twila’s body lay which contained one of the purported murder weapons and which prints have been shown to not match mine. The knives, purported murder weapons, two of them, were bloody on at least one of them.

Beside Twila’s body was a man’s X-LG 44-46 jacket. Mann put Twila’s mother up to testifying at trial that Twila wore all her clothes baggy and that the jacket was hers, but of course that was a total lie. That jacket didn’t belong to any of us that I remember, although it might’ve fit Scooter.

Our expert criminologist Fred Courtney, S.W.I.F.S and one of the best, said the jacket had blood spatter all over the cuffs and was likely worn by the assailant. It has hairs in the collar and sweat stains in the armpits.

Now NONE of this evidence, including the rape kit taken from Twila nor the fingernail scrapings have ever been tested. None of it. The D. A. now, Lynn Switzer, has stated in Ch 64 Pleadings and Answers filed with the court that all of this evidence is intact, the chain of custody has been preserved and the evidence is capable of providing probative results as to who killed my girlfriend and her sons. As to the fingernail scrapings, the M.E. (Medical Examiner) at pretrial hearings testified that she was called in to view the bodies in situ (as they were found and where). She immediately recognized the importance of the hands and fingernails and bagged them at the scene. Also the “purported murder weapons”. (By the way, just for reference, I use the terms “clutched” hairs in her hand and “purported murder weapons” in quotation marks and or italics all the time because those are the state’s words not mine and, I have no independent direct knowledge of such things. However, the main points that I think should resonate with anyone out there is that what I’m saying all come from the state; so, it’s not some defense angle or spin. I am innocent of this crime and damn it, why can’t anyone who matters see that, Jerry E. Smith and company? You’re a judge? Ha. You’re a damned sad excuse for one, sir, with no due respect, (from me).

One last thing I forgot: Judge Smith says I “walked” to Andrea Reed’s house “in the dark”. I’d like to know where in the record he finds any support for that contention? First of all, I didn’t “walk” anywhere. I staggered, holding on to fence posts, chain link fences, trash dumpsters, gas meters and anything else I could find, but mostly I crawled to Andrea’s and, what ordinarily would’ve been a five minute walk took me over 40-45 minutes to get there, mostly on my hands and knees. Secondly, it was not dark at all – that used to be a high crime section of town and there are lights everywhere down there and sodium vapor or mercury vapor high intensity street lights on nearly every corner. In fact, there’s one directly over Andrea Reed’s property shining right on her house. It was not my intention to go to her house; I was going to Howard Mitchell’s another two blocks down the street but I simply could not make it that far and I barely made it to Andrea’s. I vaguely remember I just kept thinking “go toward the light, go to the light” because it was a story I’d once read in Readers’ Digest about a kid who died of mouth cancer, from dip. Strange what you think when you’re that drunk and sick, delirious, needing help.

So....there’s that. Now, in Springsteen and Scott’s case there were not one but two full confessions which corroborated each other, yet they’re now free men. Charles Raby also supposedly confessed, yet he got DNA testing.

I, on the other hand, never confessed, as the lead PPD detective acknowledged in 2000, yet none of the evidence in my case has ever been tested and I’m still sitting here, for a crime I didn’t commit and this judge, Jerry E. Smith is still perpetuating the state’s lies and trying to usher me to my death. Why? That’s what the public should be demanding to know! So, why aren’t you?

There’s a lot more to this story that none of you have ever heard; but, I assure you, if the state tries to kill me, you’ll hear/read it all.

To all the PTO members: I thank you all for your support. You’ve been very kind. I’m sorry I can’t respond to each of you individually, but most of my energies right now must remain focused on my case. Stories being put out there by some busybody, messy, drama queen that I’m “not writing anyone”, that I’ve “gone off the rails”, “lost it”, “cracked”, etc. are simply not true. While I do spend a lot of time in my cups and sad, it’s due to the situation and the conditions here – I may address more of that, later. I may not. Just don’t know yet.

Well as I was writing this, Lester sent his little shakedown team to terrorize me again and here we ain’t even been off lockdown a week. You’re a real ho – ho, Timothy Lester. Ha/ha. You sure keep me laughing.

You notice every time I start clowning these fools they start shooting at my butt hole? Man, that ought to really tell you something about their sexual orientation, huh. I’m not making any admissions here, but if I were a TDCJ official and some ol’ convict had been beading me like that for 5+ years with nothing but his butt, I’d find that to be embarrassing as hell and it’s absolutely the last thing I’d want to put out in the media – talk about cuttin’ off your nose to spite your face! Whooo-eeee! For those who think I should be embarrassed, well the allegations made against me in that regard are spurious; I’m talking here about the guy at Estelle whom they caught with phone and charger in his butt. ;-) Y’all have a good one.

Sincerely,
Hank Skinner

http://www.hankskinner.org
999143 Polunsky Unit
H W Hank Skinner
3872 FM 350 South
Livingston TX 77351-8580

h.w.skinner@gmail.com

Last edited by Dandylion; 09-21-2009 at 06:54 PM..
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Old 10-19-2009, 06:58 PM
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Default New Hell Hole News #14

New Hell Hole News #14

September 21, 2009

Welcome to another exciting edition of the New Hell Hole News! Ha/ha. It’s been a hard time here and getting worse by the minute.

The Tabler/Whitmire circus is back in town. I’d like to point out a few obvious facts about this then move on to som’ real. Whitmire has been crying in the media like a little girl for a year now, that Tabler is “threatening” him. If Tabler had any aces “in the streets” to play, Whitmire’d long ago been done to, yeah? If Tabler had any stroke, he’d had his “homies out there” anonymously paying his phone bill, not mommie and sissy, eh? Right. It’s beyond obvious that there is no real threat at all; it’s just these two idiots and their sicko co-dependant relationship to get attention in the media.

Every time this thing is about to die down, ol’ Whitmire, acting like a real prima donna, finds some tired way to resurrect it. Hey, come on, the dude managed to get hold of a dollar-two-ninety-eight Tracfone and make some calls. Like a kid with a toy he ain’t supposed to have. They took it away from him, they plugged the hole thru which he got it. They arrested mom and sis for buying his phone cards. End of story. Let it go!

But no. We gotta have Senate committee hearings on this “issue”!! Do you have any idea the amount of taxpayer funds this guy Whitmire has wasted over this? Just so he can flout his lil’ ruffled feathers, Ms. Peacock?

After that dies down, ol’ Whitmire is dying for another media fix so he gets his “aides” to call that ol’ Tracfone number and gets the computer recorded voicemail still online, which allows him to carp some more thru his good buddy Mike Ward at the Austin American-Statesman, that the phone has been “passed off to another prisoner and is back in use.” When told that TDCJ-OIG confiscated the phone from Tabler, so that is not possible, he says the phone number has been sold to another prisoner and is still in use.

I asked someone to look into that possibility. Apparently those phones are so cheap Tracfone won’t change or reassign a number. You want a new number, buy another Trac, $9.97. I was also told Whitmire could’ve discovered that with a single phone call to the Tracfone support center.

Now Whitmire is back at it again saying Tabler is threatening him over the internet on a blog. It’s been posted since May but again his “aides” just “discovered” it while researching another matter. Hmmmm.

So, here we go again. Without any evidence whatsoever about how Tabler’s new “threat” came to be posted online, Whitmire fires off a letter/statement which “expresses his utter dismay at the level of security which continues to be present at the Polunsky Unit” and “I specifically ask how an inmate on death row is allowed to openly send letters out to the public that are designed to intimidate, threaten and retaliate against an elected official or any citizen of this state.” He’s also “appalled that no one within TDCJ contacted [him] on that issue.”

I think it highly unlikely Tabler “smuggled” any letter out of here or mailed one, either. The so-called “bug eyed emu” is roundly despised by every officer here because he lied on them last year, falsely claiming one of them smuggled a phone to him; then saying he “passed it off” to an officer before a shakedown; another blatant lie. More likely he just dictated a few quotes to one of his “friends” and the proxy wrote and posted the message on the blog. It’s not hard to imitate Tabler’s style; anyone versed in rambling-blathering idiotese 101 could do it.

This posting occurred in May, a full month before our semi-annual lockdown/shakedown July 6th – 20th. Yet just to cowtow to Whitmire TDCJ admin – Quarterman/Livingston, I guess – have locked down 15-17 units for a “contraband sweep” to appease Mr. Whitmire. I guess ol’ Tabler has threat letters hid all over the system now so they gotta find ‘em before another gets posted?

Here’s what most disturbed me about his nonsense: Whitmire is quoted as saying “obviously I’m concerned – for her (his ex-wife Tabler allegedly referenced in “his” blog post), me, anyone in the state of Texas. I know for a fact inmates have contacts on the streets of Texas. Their ability to carry out a threat is real.”

Uh huh. Well, how’d this get to plurals, you wonder? Only Tabler, singular, threatened anyone, if you believe Tabler did it – like I say, I’d bet he himself is not actually responsible for it. But how does the senator turn that into an indictment against us all?

Whitmire is not now complaining about contraband; he’s complaining about words. So how is this new lockdown/shakedown going to solve that? This “threat” was posted before the last lockdown less than 2 months ago! I know, lets just sew Tabler’s hands together, sew his lips shut and sew him to his bunk. That’ll stop it.

I agree that Tabler should not be “threatening” any person out there, if he did. That’s a mighty big “if”, too. But by the same token, senator Whitmire, a man and a state official, should be mature enough to ignore an obvious and empty, attention seeking provocation such as this blog post. It’s really silly and should be far beneath a man of his supposed stature. Whether Tabler actually authored it or not, he revels in this attention and thus the media and Whitmire are just catering to his sick needs. It would’ve been much better for the senator to just quietly address the issue with TDCJ and if something were going on under the tables with Tabler they might’ve caught him at it.

Instead, we’ve got this new public fiasco where nobody wins. These units that are locked down, every one of them has Texas Correctional Industries (TCI) operations – school bus refurbishing, school furniture factories, box factories, agriculture and canning operations, livestock facilities, etc. Do you have any idea what it costs the taxpayers when all these operations cease for 2 weeks or a month?

Now we’re all being fed inferior, unconstitutional sack lunches called “johnnies” that contain at least 1 peanut butter sandwich all 3 meals. The first day of the lockdown, Sept. 16th, we weren’t fed at all, all day. Finally at 3:00 pm we were given a sack with only 2 sandwiches in it. One peanut butter and the other a smidgen of tuna and mustard mixed in a ton of macaroni. Call it a pasta and bread sandwich. For supper which finally arrived at 11:30 pm we got rotten/spoiled chicken and rice in a cup that smelled like week old road kill. Even tho’ the kitchen acknowledged the situation we didn’t get any replacement food. Finally with the breakfast sack at about 5:30 – 6:00 am we got an extra peanut butter sandwich to make up for the spoiled supper. The kitchen captain says this is all he can feed us because the warden has ordered him to feed only 1200 calories per day on lockdown. USDA caloric daily intake for a grown semi-sedentary man is 2400-2600 calories per day. i.e. We’re being fed less than half rations, slowly starved. Just to appease Senator Whitmire, mind you. Lockdown, shakedown, starvation rations as punishment.

Since April I’ve been subjected to a “shakedown” every other day where officers just tear up my cell and my property, confiscate things from me they have absolutely no business taking at all – e.g. my clothing, my legal material, stamps, pens, my books which my loved ones purchased and had sent to me via amazon.com, E. R. Hamilton bookseller, powells.com, Hastings, Barnes & Noble, etc. Of course these items are not contraband of any description. TDCJ officials mistakenly read the governor’s mandate of a “zero tolerance policy on contraband” as license to mistreat us and deprive us of a simple measure of life’s basic necessities.

That aside, the every-other-day shakedown has no basis in security needs either, it’s just T. Lester’s lil’ harassment creation and he’s using the situation as an opportunity to retaliate against me over my speaking truth to power.

All of these situations could easily be alleviated by application of a little common logic. Lester created three sets of shakedown teams to address the contraband issue but instead of having them actually searching for contraband, he’s using them to merely harass prisoners he doesn’t like for whatever reason(s) and trying to use them to suppress vocal prisoners like myself. Onerous policies always harbor the potential for abuse and that’s exactly what’s happening here. Lester believes he can use shakedowns and illegal confiscations of prisoners property as retaliation, as punishment, as a means to micro-manage matters he shouldn’t even be concerned with in the first place. What he blithely calls “a behavioral modification tool.” That’s not the purpose of a shakedown at all.

Best regards,
Hank

P.S. #1 – Well, I went to visit to see my lawyer, saw one of my acquaintances from A-pod comin’ back, who says Tabler’s pastor/chaplain was caught by OIG as the one who posted his threats. Tsk-tsk. I knew it was not an officer. That was rather stupid, if it’s true. Maybe. Maybe not.

P.S. #2 – They’re saying it was not Brad Livingston or Nathaniel Quarterman who ordered the lockdown but the Region 1 director, Robert Treon. Figures. He was the warden here I successfully litigated against when I won the suit years ago, over conditions and medical. He’s about the same size as Lester and almost as smart.


999143 Polunsky Unit
H W Hank Skinner
3872 FM 350 South
Livingston, TX 77351-8580
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Angry New Hell Hole News #15 - Part 1

New Hell Hole News #15

September 25th, 2009… My dad used to tell me that some days in life it doesn’t pay to get out of bed. Well, this day was certainly one of them.

KILLER KELLER STRIKES AGAIN!! - Part 1

Read the headline in my mind. I often tell my attorneys that I feel like I’m living in a bad re-run of The Twilight Zone. I woke up at 7:00 am this morning from a nightmare that I was arguing for my life, in hell no less, in front of Killer Keller (she had horns and a tail! and a snake tongue!) and she just laughed at me, saying “We don’t give a damn if you’re innocent, you middling fool! We just want you to die! Die! Die! Mwah hah hah hah hah!!!” Leaving the court, a kid throws a newspaper at me with the above headline – it comes spinning like they used to do on the screen in the old black and white noir movies from the 40’s and 50’s: “Killer Keller Strikes Again! Die! Die! Die!”

We’re still on this crazy lockdown. No sooner had I awakened drenched in sweat from this insane nightmare than the mail room clerk arrives with a Fed Ex package from my attorneys. I open it and read it, sure enough the CCA has denied my DNA testing appeal. A more insane opinion out of any court you will never read.

Most of my lady friends out there know about my vivid dream life, especially my wife, whom, despite the boisterous protests of others I still love very much. I’m a fool, they say. Yeah, well, love is blind, I say. My wife stuck with me when others abandoned me over petty disagreements. Loyalty means a lot to me. I love my other friends, too. Some of them I’ve known not as long as others but one in particular I love just as much, if not more. One of my friends, who’s been with me all along, I love more than life itself. Another sort of estranged friend I have overseas, who has helped me a lot, I still dream of. There is not affection allowed in here, no human touch. I often tell these friends of mine about my dreams of them and one friend in Canada. I believe they think I’m just coming on to them but no, it’s two things: I really do love them, and the deprivation will drive you insane. So my mind has compensated by giving me an alternate reality in my dreams. I’ve purposely developed it. The backlash is, when I have bad dreams, they are equally vivid. It’s even worse when you wake up and find it’s reality.

Killer Keller is not satisfied merely slamming the courthouse doors in the face of a demonstrably guilty Michael Richards – she only cheated him out of about 8 months of life – he would’ve ultimately been executed anyway. No, now she wants to kill a demonstrably innocent man and worse, the other 8 idiots on that court seem to support her – like some Dantesque parody. This is a published opinion. No #AP-75,812.

Look it up and read it on the Texas state gov’t website here: http://www.cca.courts.state.tx.us/op...pinionID=18770 or in the “legal documents” section on my website here:
http://www.hankskinner.org

Before I go into this, I want to address a couple other matters. It’s never been any credible evidence that convicted me in this case. It’s all lies, spin, twisted innuendo and the dark sides of people’s pathetic minds. As Don Henley sang, they love dirty laundry. Even when it’s fake, contrived, manufactured dirt.

Keller makes much of my bloody clothes. This “court’s” reasoning amounts to no more than “he had blood on his clothes, he made it to a neighbor’s house for help, therefore he did it.” In case some of you cannot immediately recognize how crazy that is, let me help by explaining some simple things to you.

I wasn’t even wearing those clothes when most of the blood was deposited on them. I’d taken my pants off and folded over the top to keep ‘em from dumping stuff outta my pockets and laid ‘em on the furniture with the legs hanging off. The shirt I had when arrested was Randy’s, not mine, and he’d draped it over the back of a chair in the living room. Said room was rather small. Twila was killed on the living room floor less than 2 feet from where these clothes hung. For a better understanding, read my NHHN #13.

I’d passed out on the couch after drinking too much and being poisoned by codeine. I’d also voluntarily ingested Xanax earlier that day but I did not intentionally or voluntarily take the codeine, to which I am highly intolerant. I was passed out when these murders were committed. Whatever happened and whoever did it, I don’t know. Scooter, on of the victims, although mortally wounded, was still left standing after it was all said and done. He sprinkled water in my face, eventually roused me, got me up and dressed and out of there. I’ve always had a working memory of most of what went on. Some parts I don’t much remember but I’ll get to that in a minute.

The short of it is, Scooter got me up, I couldn’t stand and fell on the floor; throwing out my hands to catch myself, I cut my palm on a glass shard from the curved ceiling fan light globes that were shattered and upturned all over the floor. I jerked my hand back reflexively and fell forward the rest of the way, prone. I saw what was done to Twila, as I’d fell across her. Scooter passed the pickaxe handle under my chest and used it to haul me up. Once standing, he leaned the club against the couch and that’s where it was later found. The state’s weasel of an expert at trial said it didn’t have any fingerprints on it. He lied. Because they’re Scooter’s prints and those of a killer, not mine.

We went thru the kitchen into the bedroom to see about Randy. I’m bleeding like a stuck hog. I’m holding my hand against myself to try to make it quit bleeding. Scooter leaned me against the dresser so he could check on Randy. Randy’s dead. I couldn’t stand, I fell on the floor. I tried to get up, holding onto the doorjamb – leaving my bloody print there. It’s the outer edge of my right palm that’s cut. I’m right-handed. My right hand is crippled from an earlier shop accident which nearly severed my thumb a few months before the murders. I can’t pull myself up. Scooter hauls me up and tells me “I can’t keep picking you up. We gotta get outta here. They’re coming back.” – He’d said that several times. That was the whole objective from the moment he got me up and helped me get dressed: “we gotta get outta here.” At that time, I didn’t understand that Scooter was mortally wounded. He wasn’t bleeding that much outside; his wounds were internal. We went out the back door together. I fell again in the alley. Scooter went off across the empty field and that was the last I saw him after I told him, “Just go. Go get help.” I passed out again. I woke up freezing cold. I had to move or die, I thought. So I started staggering, falling, crawling down the alley. I made it to Andrea’s but I’d meant to go to Howard Mitchell’s. I just couldn’t make it that far. The sheriff eventually came down there and arrested me.

Now, try to understand this. I didn’t care that those clothes had blood on them when I put them on. I doubt I even noticed it. I wasn’t worried about getting Twila’s blood on me when I fell; I was worried about Twila being dead. I wasn’t worried about getting Scooter’s blood on me as I was holding onto him for dear life to get out of there. I was worried about our surviving and getting the hell out of there to some place safe so I could get help and figure out what the hell had happened and why.

Once I got to Andrea’s I wasn’t in a hurry to get the police involved because I thought Scooter’s wounds were superficial and he’d went to another neighbor’s and gotten help. I saw Twila and Randy as dead. At the same time you know, your mind just cannot accept something so fantastical so I thought it possible I was hallucinating. I wanted to get coherent and get Andrea to go down there with me, with her gun, so we both could see what was what. As I’ve said before, I couldn’t so much think these things as I just intuited and felt them. So it was, “Get better. Go see.” I had not done anything wrong, so I was not thinking at all about blood on my clothes. Later I did think that if we called in the law they’d blame it on me, but that was because I had an antagonistic relationship with the sheriff, who just two months before had assaulted me in a bar ditch while I was cuffed behind my back and stomped and kicked me with his cowboy boots while I was down, breaking four of my ribs and fracturing a fifth. So I’d expect to get blamed just because it was “me,” not because I’d done anything to deserve it. I never even thought of the blood at all.

I think I’ve adequately addressed in NHHN #13 what happened at Andrea’s that night, so I’ll leave that.

After my arrest, lead detective, Terry Young, had come back from setting up the scene to his liking and now wanted to interrogate me, sick and drunk as I was, to see if he could get me to go along with it. This was a sordid game of cat and mouse that went on for hours. I told him from word one that I wanted to call my lawyer, I had nothing to say. But he wasn’t having any. Under Miranda, once I request a lawyer all interrogation must cease. Young ignored that, violated my rights and continued questioning me illegally. Worse, he kept suggesting scenarios to me and attempting to get me to confirm them. I decided to at least appear to be receptive to whatever he said because I knew then they were somehow over there staging that crime scene, setting it up to try to make me look guilty. I knew I needed to learn all I could about what he’d done and what he intended to falsely allege but I had no idea how far they’d really went. By the way, all this with Young is in the record and the D.A., John Mann, testified that Young was not credible and had violated all my rights. Yet Killer Keller cites Young’s interview and relies on it!

Now, let’s look at Killer Keller’s “opinion.” First they start out by saying, “We hold that, in the usual case, the interests of justice do not require testing when defense counsel has already declined to request testing as a matter of reasonable trial strategy.”

The woman is a psychopath. Chapter 64 was created solely to protect innocent defendants from languishing behind bars or from being wrongly executed, where there is DNA evidence to provide probative results. That’s the “interest of justice” it’s designed to serve. It’s not designed to serve the “interest” she’s using it for here, to protect the ex-D.A. trial counsel from an ineffective assistance of counsel. Finding if the evidence is tested and provides exculpatory results.

More importantly, Mr. ex-D.A. trial counsel’s strategy was not reasonable at all under the circumstances but Killer Keller conveniently failed to take any notice of these facts. Mr. ex-D.A. trial counsel was in debt to the I.R.S. for $96,000 so it was understood, the judge paid him $100 an hour in or out of court to total ultimately $86,000 and change. i.e. Of course this lawyer, Harold Comer, was not going to do anything to jeopardize his lucrative “position.” That money is the only thing that kept that man out of the federal penitentiary for tax evasion. That Judas sold me out for $86,000 so he could stay out of jail and continue paying for his cocaine and downer habits. Killer Keller conveniently fails to acknowledge any of this, eh. Yet it’s in the record she so frequently cites to in this “opinion” of hers. Of course let us not forget now, she’s – by her own words in the Dallas Morning News – “prosecution oriented,” i.e. biased and prejudiced in favor of the state. And, in no other “opinion” does it show more than in this one. Read on…

Next, this decision says I have to pay for the strategies of trial counsel, even when that strategy is against the weight of the facts of the case known to him at the time. As Killer Keller also conveniently failed to note in her little “opinion,” I told trial counsel from day one that I was innocent of this crime and he acknowledged that at my federal evidentiary hearing in 2005. Even more, I’ve been a writ writer all my life, I’d worked 7 1/2 years off and on (at that time) for one of the best criminal defense lawyers in the panhandle of Texas, James Marion “Rowdy” Bowers, so I knew a little. I wrote Comer, ex-D.A. trial counsel, and told him I wanted him to hire experts to test the evidence but he ignored me. So, what about what I, the defendant and client, wanted?

Now, 15 years later Comer says he feared the tests would’ve only incriminated me. But how could he “reasonably” believe that? Sure I lived in the same house and of course innocent contamination is always a possibility. But as I’d told Comer, I never touched those knives, that jacket found beside Twila’s body, or her panties or her pubic area. We’d not made love since 4 days prior to the murders when I’d left to go to Amarillo to tend to some business, to make some money for Christmas and to pay off a bondsman. “Incrimination” is not the reason Comer gave me at the time, nor my writ counsel, Steven Losch, in 1997-98, for not testing the evidence. He said that, as an ex-D.A., he believed the current D.A. who prosecuted me, John Mann, “had a duty to test the evidence because D.A.’s have a duty to exclude the accused as well as to convict.” Any idiot in Texas knows it’s a rare D.A. who’ll exonerate anyone, unless he does it by accident while trying to get inculpatory/incriminating evidentiary test results and even then he’d deny it to the dying end. Texas is well known for its “Lie cheat or steal. No excuses, just results! Win at any cost!” prosecutorial theories and philosophies. What Comer was really saying with that statement was “I’ve cut a deal to be paid all this money, I’m flush, I’m not going to do anything but defer to Mr. Mann here; he can test it if he wants… hee-hee, wink, heh-heh”…

It wasn’t until after John Mann unilaterally DNA tested some of the evidence in 2000 and falsely claimed inculpatory results that Comer first coined his “I didn’t test it because I feared it’d incriminate Skinner” idea. In fact, the first time he ever made that statement was in 2000. Or, when the state writ was filed.

I am assuming here that you all are either reading along with me on this CCA opinion or, that you have read both it and my NHHN #13 before reading this and have both now before you. I’ll be the first to admit that due to all the state’s lies, false evidence, perjured testimony, other subterfuge and then the court’s mangling of the case on appeal and in these Chapter 64 proceedings, it’s a mess. But it’s still understandable, if you have a guide who knows what really went on. I do.

Keller says at 5:48 am I had a BAC of 0.11 and 0.11 mg of codeine per liter of blood. That’s a lethal dose. We showed at the evidentiary hearing that I was pretty incapacitated. As I’ve said before, there is a vast difference between staggering, stumbling and crawling 3 1/2 blocks in fear for your life and expertly assassinating 3 people in a minute and a half using nothing but your bare hands (strangulation), a pickaxe handle (Twila was strangled and bludgeoned, they said), and two knives (Scooter and Randy were stabbed to death, they said).

Killer Keller says that when the laws drove up they found me standing in a closet at Andrea’s. That’s a lie. The sheriff was deposed prior to the evidentiary hearing and he admits I fell backward in the closet and was stuck there, holding out my hands, that he and the D.A.’s investigator pulled me out and put me on a mattress. The distinction is important – I couldn’t stand up unassisted; ergo, I sure couldn’t have killed 3 people, eh.

Another thing conveniently ignored is that when they stood me up the sheriff took me to the living room and began to interrogate me. The first question he asked me was, “Where is the other one at?” I asked him, “One what?” He said, “The one who did the killing, who cut you, where is he?” I just looked at him. He said, “Hank, Twila and Randy are dead, do you understand that?!” I just told him, “No, I don’t understand.” What I meant was I couldn’t believe such a thing had happened and I couldn’t understand why on earth someone would do that to them. Later the sheriff said only he told me they were dead and I said I did not understand. He wanted to conceal the fact that as soon as they saw me they knew I hadn’t done it. I couldn’t even sit up straight.

The retired FBI toxicologist, Dr. Lowry, testified that between 12:00 and 3:30 am I would’ve been in a stupor, with impaired consciousness, general apathy and inability to stand or walk – exactly the condition I was in! I believe the only things that allowed me to make it to Andrea’s were trauma – the cut on my palm hurt like hell, burned and bled profusely until it was sewed up at the hospital. Shock/fear – when Scooter got me up off the couch and I saw all that blood, I was scared. When I saw Twila I was mortified. Then when Scooter left me in the alley I was freezing cold – that woke me up. So I think a healthy shot of fear, trauma and adrenaline got me to Andrea’s – even at that I couldn’t make it two more blocks to Howard’s. I’m sure that’s where I wanted to go – there were men there who Twila and I knew; we needed the help of a crew. But when Andrea picked me up and took me in out of her yard where I’d fell, I was glad, I guess, just to be out of the cold and somewhere warm.

Killer Keller says Andrea’s recantation of her trial testimony is not credible because my ex-wife and Gerry Douglas testified at the evidentiary hearing that Andrea talked to them soon as she gave her statement and the police released her. She was shaking and crying and reiterating to them what she’d put in her statement at the time. As my attorneys correctly pointed out in previous briefing on the issue – Andrea was shaking and crying because she’d barely escaped being arrested for murder or, as an accessory, and she’d been threatened into lying. Once she decided to lie, she had to be a good actress and keep it up. Andrea is police- and criminal law-savvy. She had enough sense to know that if she told people she lied, she’d likely be meeting them in court, and if she got impeached and blew Mann’s case, she’d face his wrath and retaliation, which would be formidable. And that was proven when Mann attacked her and again threatened her with prison at the 1998 grand jury hearing after she recanted.

To be continued with Part 2 & 3 to follow.

As always

999143 Polunsky Unit
H W Hank Skinner
3872 FM 350 South
Livingston, TX 77351-8580

www.hankskinner.org

h.w.skinner@gmail.com
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Old 10-25-2009, 04:38 PM
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Default New Hell Hole News #15 - Part 2

New Hell Hole News #15

September 25th, 2009

KILLER KELLER STRIKES AGAIN!! – Part 2

What’s more shocking about Killer Keller’s opinion is that she cites the D.A. Mann’s testing in 2000 as reason now why I should not be allowed testing and cites only the portions she alleges might prove inculpatory. That is an inquisitorial style of address. To my knowledge the holy inquisition ended in 1834. We now have an adversarial legal system – i.e. If the state tests evidence its using against you, you get to test what you want, to defend yourself with. Like I say, Killer Keller is nutzo!

There is, again, a vast difference in “being present at the scene” and killing 3 people. I had every right to be there. It was my home. Killer Keller treats me as if I’d broke into the home. If you woke up in the middle of the night and your loved ones were dead or dying, would you touch them? Try to help them? See if they were still alive? We couldn’t use the phone to call for help – it was ripped out of the wall. Terry Young suggested it was done by the assailant and showed pre-meditation, but looking at it another way, it was obvious that when Scooter chased the killer out of the house one of their feet became tangled in the cord and they jerked it out while running for the door.

Killer Keller says the mixed profile of Twila and I from the hair in her hand somehow proves guilt. That’s long since been disproved – it was innocent contamination or cross-contamination at the lab because all my markers were “faint” and subsequent mtDNA testing shows the hair does not match me. The blood flakes off the hair were tested independently and it’s only Twila’s blood, not mine.

Killer Keller says that defense (trial) counsel could not have anticipated that Andrea Reed would recant her trial testimony. Ha. She’d already made a prior inconsistent statement that counsel failed to use to impeach her – that was another claim in my writ that Keller conveniently overlooked. Aside from that, counsel admitted he never even interviewed Andrea. She’s since stated that if he had, and had offered her some protection from the D.A.’s threats, she’d have told him the truth then and there.

Keller points to the testimony of other, unreliable, witnesses to try to discredit Andrea after the fact. While Andrea was on the stand the A.G. had ample opportunity to cross-examine her and did so. She was unrefuted/unimpeached on every point of her recantation. “The great deal of rebuttal evidence” Keller cites is meritless. Jessica can’t even remember her previous statement. That’s because she was with Andrea at the police station, they were both in the same room and she just parroted what lies Andrea told, and told her to say. She never testified at all. Now Killer Keller cites her as a credible rebuttal witness? That’s beyond absurd. Andrea, who remembers everything down to a detail, vs. Jessica, who says “oh I don’t remember what I said, but whatever’s in my statement, that’s what it is.” She’s more credible? She wouldn’t even appear and testify!! She refused!!

Keller says law enforcement officers contradicted Andrea’s statement that they threatened her. Of course they’d deny committing illegal acts. But they had no comment on whether Andrea’s factual recantation was accurate because, of course, they don’t know. They weren’t there to see what Andrea did and said with respect to me. This is subterfuge Keller uses to bolster otherwise non-credible witnesses, to give the false impression they enjoy the support of “law enforcement officers.”

Killer Keller says of my codeine allergy/intolerance that I “did not appear to have an allergic reaction to codeine in his system on the night of the offense.” That conveniently overlooks the fact that I ingested the codeine accidentally at about 9:30 pm and I did not see Andrea for the first time until after midnight and the worst of the reaction had subsided, leaving me sick, delirious and lethargic. There are varying levels of intolerance to codeine. What Keller refers to here is a single question the A.G. asked of Andrea: “Do you remember he had difficulty breathing or was his face swollen and puffy?” Andrea said, “no.”

What the A.G. was referring to was the very worst sort of reaction in those who are totally intolerant, called anaphylactic shock, which if left untreated can often be fatal. My intolerance is not that severe but not far from it. I get very sick and nauseated, have extreme vertigo – cannot stand or sit up. Fall over. No balance. Colorblindness, delirium, fatigue, I vomit, muscle weakness and lethargy, inability to talk or think clearly, etc. I also experience asthma-like symptoms and difficulty breathing but it usually wears off within an hour and a half to two hours.

With only the single above cited question, the A.G. in her briefs pronounced I wasn’t intolerant to codeine at all and now Keller picks it up and runs with it.

Dr. Michael Chamales was impeached and successfully rebutted on every point in his lying testimony. I was never “caught stealing” any syringes. The sheriff had attacked me while cuffed behind my back, threw me down in a bar ditch and stomped my ribs in with his cowboy boots, breaking four (4) ribs and fracturing a fifth (5th). The sheriff told Chamales I was litigious and he couldn’t afford a suit. Chamales “overlooked” my ribs, invented the syringe stealing story and used that to eject me from the E.R. I was in custody at the time, in a belly belt, handcuffs and shackles – I could not have “stolen” anything; I had a deputy right beside me the whole time. I laid in jail for four (4) days in a fever and coughing blood. Fortunately for me, the hospital had a policy of having a radiologist review all E.R. physicians’ interpretations of x-rays. The radiologist diagnosed my broken ribs and caught Chamales’ “mistake.” I was taken back to the E.R. and treated, finally, Chamales was forced to acknowledge this and admit that I was not “drug seeking” at all; four (4) broken ribs and a fractured fifth (5th) certainly justifies some narcotic pain relief as they hurt like hell.

As to “drug seekers” self reporting allergies to get stronger drugs, no doctor in this nation would follow that practice. Besides which, the drugs I was given, Talwin-NX and Propoxyphene, are respectively almost 50% and 30%, weaker than an equi-analgesic dose of 60 mg codeine, not stronger. But all that is beside the point. The point is, the synthetic analgesics do not produce any cross-tolerance to codeine, I never took any codeine, I never had any prescribed, so I could not have been tolerant of it. The state argued that I must’ve had this great tolerance of codeine which would’ve enabled me to commit the murders – at trial. Once we proved that is simply untrue the state launched off into this alternate unrelated argument of “drug seekers.”

I was in jail when given Toradol – the prescription in June ’93. I took one and 30 minutes later broke out in hives and went into convulsions. The jail logs show all this and that they had to call the doctor and get me some different medication. That’s how I learned I was intolerant of Toradol – which is also an opiate/codeine derivative! – and reported it in October ’93 when Chamales says I was “drug seeking” – the reaction was reported by the physician’s assistant and an R.N. and two deputy jailers, not me. Chamales is a liar and that is “amply supported by the record.”

The testimony of Lori Brim to my codeine intolerance was unrebutted and unrefuted by the state in any form. It wasn’t a “suggestion made over the phone by a nurse,” it was by the doctor who diagnosed it, as the nurse related it to him. There was nothing ambiguous about it. Lori called the hospital and told them what was happening to me – the doctor was busy with another patient but the nurse described my symptoms and the doctor said “he’s just having a moderate allergic reaction to the codeine. Tell him to not take any more of it and if he doesn’t get better in an hour or two bring him in and we’ll take another look at him.” It wasn’t that it was not a serious issue; it was. But such reactions usually subside with time and I was a poor patient with no insurance so they weren’t interested in seeing me again pro bono unless they had to.

Elwin “Scooter” Caler did not have muscular dystrophy or diabetes. All these maladies which were non-existent were absolutely disproven by the autopsy findings which stated unequivocally that Scooter was “physically normal.” He was not “slow,” he graduated high school on time with his class. These fake maladies were invented by Beverly Clark and D.A., John Mann, as a means to pitify Scooter and try to explain the absurd idea that I, 5’9”, 145 lbs, and unable to even stand unassisted, could’ve overpowered and killed Scooter Caler, 22 yrs old, 6’6” tall, 245 lbs of strapping young man and/or seamlessly switching weapons, killed everyone in the house in under a minute and a half. Mann turned Scooter and Randy into “poor little retarded boys” in order to paint a false picture for the jury which led to my wrongful conviction. In this “opinion” Killer Keller revives the lies in order to re-craft them for her own use. At 285 lbs, his heaviest, Scooter was borderline diabetic and took pills for it. But once I’d helped him diet down to 245 lbs he no longer was borderline. Although, we still monitored his blood sugar because sometimes he’d sneak sweets and get overloaded. Scooter was “slow” only in the manner that he was huge and, like anyone of his immense size (the top of my head didn’t even come up to his shoulder!) he appeared lumbering. Mentally, however, he was fine. Randy, 6’1”, 180 lbs, had a physical deformity called Trecher’s column, a deformity of the neck which prevented his bottom jaw from growing out. It gave him a very odd look, like he was retarded but he also graduated high school with his class.

Here’s another place where Keller outright lies: She says “Dr. Lowry acknowledged that it was possible appellant took the codeine after the murders, possibly to soothe the pain in his injured hand.” While that somewhat describes the record of his testimony, it’s still an outright lie and fabrication. Upon cross examination by John Mann, he kept suggesting to Dr. Lowry “isn’t it possible he took it (the codeine) after the murders, maybe because his hand was hurt? Isn’t that at least possible?” He’d badgered Lowry several times about this. Exasperated, Dr. Lowry finally said something like, “Well, in the way of anything being possible, yes it is possible but…” (I think here Mann cut him off and either the judge had to intercede or my lawyers asked him to finish his answer, whereupon he said) “Yes, in the guise of any thing’s possible, maybe, but it’s not indicated by the evidence in this case because alcohol alone would not have placed the defendant in a near comatose state as observed by Howard Mitchell at 10:30 pm – 10:45 pm. (Howard Mitchell was a state’s witness who testified that I was incapable of having committed the murders. He testified that he came to pick up Twila and I, to take us to his party, but I was “out cold and sort of comatose,” unable to be roused by any external stimuli. That he hollered at me and jerked on my arm until he pulled my torso completely up off the couch but got no response at all from me and that he believed there was no way in the world I could’ve recovered sufficiently in less than an hour and a half to kill three (3) people in a minute and a half, no way.)

So when you take away all the artful misconstruing of the evidence and testimony K.K. employs, what’s left? Only the truth, that’s what. It will speak for itself if allowed to do so.

I’ve already addressed in NHHN #13 how I got to Andrea’s house so I won’t belabor K.K.’s rendition of it on pg 18 of her “opinion” except to say, it took me over 45 minutes to get there. 3 and 1/2 blocks a normal person could walk in five minutes or less. Maybe that, better than anything, attests my degree of intoxication/sickness.

A generally alleged “long history of alcohol and drug abuse does” not “suggest that [i] would be more drug tolerant than the average individual.” Tolerance to specific drugs are built up only by repeated ingestion of that specific drug or an analog or similar to it which would produce cross-tolerance, which is not the case here.

I take issue with the allegation that I was some “drug addict” anyway. I’ve never been arrested or caught with any drugs in my whole life. So, where does this “long history” come from? Speaking in terms of my whole lifetime, I had done some drugs, yeah, In the early 80’s I got strung on methamphetamine while working in the oilfield. I quit on my own. While I was a teenager I experimented with all sorts of drugs. Once I got out of prison in 1989 for car theft (I “stole” my own truck, if you can believe that) I was on super-intensive supervision parole and subjected to urinalysis once a week with “surprise” random tests at home and work.

I successfully completed that parole in May of 1993, four and a half years of it. I’d done nothing but drank a cold beer or shot of whiskey once in a while or smoked a joint if I could – less than once a month. Couple times I did some acid. From May of ’93 until the time of the murders I’d had only some prescription medications for painkillers as I note herein and only then for the period of June through late August or early September 1993 because my right thumb was nearly severed off my hand in mid-June in a shop accident. It then became infected and later had outpatient surgery performed on it. Then in the fall, late September or October ’93, the sheriff had broken my ribs. So I had meds for that. That’s it.

To be continued in Part 3

Hank


999143 Polunsky Unit
H W Hank Skinner
3872 FM 350 South
Livingston, TX 77351-8580

www.hankskinner.org

h.w.skinner@gmail.com
hwskinner@yahoo.com
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Old 10-26-2009, 07:12 PM
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Default New Hell Hole News #15 - Part 3

New Hell Hole News #15

September 25th, 2009

KILLER KELLER STRIKES AGAIN!! – Part 3

I have no problem describing myself as an alcoholic. But I wasn’t a constant drinker hiding bottles everywhere. I never had the shakes or D.T.’s. I was a “weekend warrior,” a binge drinker. I have impaired liver function. A doctor at TDCJ’s UTMB Galveston has diagnosed me in the past as having a “coarse liver.” After a binge it takes me a while to recover. On the same amount of alcohol I stay drunker, longer, than anyone else.

Killer Keller cites what I can do min-wise while drunk. Yes well, I did that sitting in a chair because I couldn’t stand up or walk without falling. The victims in this case weren’t killed with (or by) anyone’s mind or thought processes. This conversation I had with the sheriff wasn’t in relation to any physical action on my part but simply my reading, with one eye closed, while sitting down and drunk as hell, a document he’d placed before me. How does performing that task even remotely relate to killing three (3) people in a minutes and a half? Like I say, K.K.’s “reasoning” isn’t just oberblown and far reaching, it’s slightly insane. This is a judge, on the state’s highest appeals court mind you, the presiding judge no less – which equates to the same position as senior judge on the state supreme court or chief justice on the U.S. supreme court, who says these things.

Worse, she goes on to mischaracterize the so-called circumstantial evidence against me on pg 19 of her “opinion”: “DNA testing of the blood stains on the clothing showing a match with Twila and Elwin” (yes but as the state concluded at trial, the tested stains ere only direct contact transfers, meaning only that I came into contact with tow of the victims or, something they’d deposited blood on, at a time after they became bloody, not that I’d killed anyone. I didn’t!) “The serious cut in appellant’s right hand” (I’ve explained how my hand was cut. The crime scene photographs show the broken light globes and the upturned curved glass shards on the floor by Twila’s body. True, my explanation is not in the record. But what is in the record is the medical examiner’s testimony that it’s likely a defensive wound on my hand which raises evidence of self-defense, not evidence of murder.) “The mixed profile of appellant’s and Twila’s DNA” (GeneScreen’s own tests prove it was innocent or cross-contamination from the lab. My markers were all “faint,” suggesting innocent touch contamination – Twila and I had been in casual contact all afternoon and evening the day/night of the murders. Subsequent independent testing of the blood flakes off the hair prove it was only Twila’s own blood. Subsequent mtDNA testing of the hair show it came from an unknown male individual, not me – this is one of the many hairs “clutched” in the had of Twila, my girlfriend, which the then D.A., John Mann, says “She tore from the head of her assailant during the struggle for her life, which she ultimately lost.” So, Sharon Killer Keller, how is that incriminating to me?) “Appellant linked himself to the crime in a statement to police in which he said he thought Twila gave him a cut on his hand and they may have gotten into a fight, but he claimed not to remember plainly.” (“Linked” myself “to the crime”? You must be kidding me. I was there! I never denied that! I had every right in the universe to be there! The “statement” K.K. refers to was made to Terry Young and inadmissible for any purpose due to what I stated earlier – denial of counsel when repeatedly requested, violations of Miranda and my constitutional rights and coercion – all of which Terry Young has openly admitted at a pretrial hearing after I tricked him into it. I was standing in front of the jury room talking to the chief jailer whom I’d known for years, who asked me how the hearing was going. Terry Young was standing around the corner from that alcove, eavesdropping. We’d invoked “the rule” as to witnesses, meaning other potential witnesses could not be in the courtroom hearing the testimonies of their contemporaries lest they be tainted by it. Terry knew he’d violated my rights and that the other officers did not like him – there was a rivalry going on between him/the P.D. and the S.O. over “who would get credit for cracking the case and nailing Skinner” as the deputy put it. So I started telling the jailer about how the previous P.D. officer had give up Terry Young for violating all my rights, denying me access to counsel, coercion, suggesting various scenarios to me and trying to get me to confirm them, etc. Terry was then next witness to testify and he’d had the jailer and deputy questioning me so he could get the inside scoop.)

When we went back into the courtroom I told Harold Comer to question Terry Young about these things. He says “I’m not going to cross-examine him about that! He won’t admit to it!” I said, “Oh yes he will, just ask him this, this and this,” etc. But Harold still wasn’t’ going to until I got really insistent and stomped his toes under the table. So he was like, “Ok, smartass I’ll show you!” As he started coming right out of lead detective Terry Young’s mouth –

Comer: “Did he tell you he wanted to call a lawyer?”

T. Young: “Well I remember he wanted to call someone in some offices, sir. But the number was long distance and I couldn’t dial that from my office without authorization, sir.”

Once Comer saw Young was going to give himself up, Comer grew confident and asked all the questions. T. Young admitted to everything, especially the coercion and trying to plant memories in my head.

Now, back to the morning after the murders. After Young started questioning me without a lawyer, I knew it wasn’t admissible. I knew that Young, Steve Chance, and Morse Burroughs had been over there setting up that scene to their liking. I’m still drunk and hung over, deathly sick from the codeine, and about to be accused of a capital murder I did not commit. I had some memory of Scooter getting me out of there and falling, etc. I thought about the club. I knew Twila was beat to death with it due to how she was when I saw her, so I figured Scooter had took it away from her killer in running him out of the house. That’s the one piece of evidence I could think of that the killer had to have touched. So I decided then and there to just try to go along with Young as much as I could without actually making a false confession, to try to get them to test evidence I felt would exonerate me. I knew I had not touched that club in weeks and the killer had, as had Scooter – well, his prints could be eliminated, as being a victim. Which would leave only the killer’s. These three detectives and patrolman are three of the most corrupt on that force. Remember, I worked for a criminal defense lawyer in that town for years, so I’d seen plenty examples of these officers “work” before. Four days after the murders I employed the same tactic with the sheriff, hoping to make use of the rivalry between the sheriff’s office (S.O.) and the Pampa police department (P.D.). Of course they could’ve easily tried to tamper with that evidence, too. But I banked on the fact that, if they already thought it was me/mine they’d just get it tested and see. All I’ve ever wanted was the truth to come out. I am not guilty of this crime, I did not commit it. I don’t make any excuses for what I did do; I don’t pretend my thinking makes excellent sense or even follows logic anyone can approve of or whatever. I’m telling you this only to be honest and, more importantly, to show you the difference between reality and the insanity Killer Keller would have you believe. My statements are not in the least any “confessions” and when Terry Young was confronted by the Houston Chronicle’s reporters he admitted “Skinner never confessed.” That story is attached to the NHHN #13.

More importantly, Harold Comer knew all this prior to trial and did nothing. At the 2005 evidentiary hearing Comer admitted that I’d told him from day one that I was innocent and I demanded testing of the evidence. Yet he claimed that the reason he didn’t test the evidence was because of his knowledge of the Terry Young interview and although it was totally inadmissible because of detective Young’s onerous violations of all my rights, he still considered it when deciding to not test the evidence. You see, Harold Comer is a real dog turd. Not only did he sell me out, lay down on me and let John Mann convict me on false evidence, he’s still a D.A. at heart and when the A.G. came to him saying “what about this ineffective assistance of counsel (IAC) claim?” he again offered my life up on the sacrificial alter by claiming he relied on that interview he knew was a sham – to save his sorry hid and falsely make me appear guilty. The lawyer’s #1 duty is to his client – I waived the atty/client confidentiality clause with respect to privilege so Comer could testify, but that in no way released him from his ethical duty to put his client’s interests first. Harold Comer is a grade-A lying piece of shit. He intentionally, by lying, got the judge to admit a piece of inadmissible evidence that could be construed to make me appear guilty. And, looky here! That’s exactly what the federal magistrate and Killer Keller did with it!

As to K.K.’s taking into account Andrea’s first lying statement because the federal magistrate found her recantation to be not credible and that I came into her house under my own power, etc., there’s a photo of the deputies holding me up in front of a camera on my website. I’m literally passed out on my feet and if they weren’t holding me up I’da been on the floor, laid out: www.hankskinner.org

As to the “multiple stories” Killer Keller cites as “incriminating,” they are no such thing. Andrea testified I told her different stories about what might’ve happened – all involving other people, not me. But what she doesn’t tell is that she asked me to speculate on who might’ve killed Twila. So we were just sitting there brainstorming (ha/ha) who could’ve done such a thing. However, drunk and sick as I was, laid across the table, I could barely speak so it came out more or less as gibberish – which is exactly what Andrea says in her recantation affidavit.

K.K. says, “We conclude that appellant’s proffered evidence on the issue of incapacity does not call into question defense counsel’s strategy to forgo DNA testing.” Well, unfortunately, that’s only because neither she nor the other eight inquisitory prosecutors on that court ever bothered to look at the evidence or the record as a whole. Before I go on here, I’d like to again call your attention to the evidence of my innocence cited in NHHN #13. Also, I’d like to preface this with a short explanation about judicial review. In a situation like this the court has recognized, you must view the case in the context of the record in its entirety. You don’t get to surgically go in and pick out only what you want to use to condemn a man – that’s a premium showing of inherent bias and prejudice – or as Sharon Killer puts it so quaintly, being “prosecution oriented.” Well, what about al the evidence in the record that cannot be reconciled with her stupid view about my incapacitation?

Let me cite just one example: Defense expert Dr. Joe Tarpley, PT/LVN, testified that he examined my crippled hand – over 14 months after the murders, and found that I had less than half the strength (then) in my right had as I did my left hand; the right hand being dominant I should’ve had 25% more strength in the right hand than the left, so that’s a 75% loss or more, total. And, 50 to 60% tissue/muscle mass lost out of that hand and there was damage to the ligaments, tendons and bones of the thumb in my right hand which caused very limited range of motion and utility. This evidence was all based on scientific test conducted by the experts and it was all totally unrefuted by the state at trial. That means that, under Texas criminal law practice and current case law precedent, it’s the law and fact of the case. Sharon Killer and her eight cohorts are bound by it. Period. This was after my hand had 14 months of additional healing time. At the time of the murders I could hardly use a hairbrush.

Twila was strangled by hands so powerful they crushed the bones in her neck and left permanent finger shaped depressions/indentations in the flesh of her throat. Based on this evidence the medical examiner, a pathologist named Dr. Elizabeth Peacock, who did the autopsies on all three (3) victims, testified that Twila was strangled in the classic throttling sort of grip, thumbs overlaced with fingers curled around her neck. It is beyond axiomatic that I could not have committed this act nor could I have wielded that club against her nor the knives. Once again, I’m right-handed and it’s my right hand that was crippled.

What’s even worse is Sharon Killer’s treatment of the DNA testing carried out in 2000 unilaterally by then D.A., John Mann. When that testing was falsely alleged to incriminate me, the CCA could not go along with it quickly enough. Now that it tentatively exonerates me, they “are not persuaded.”

This method they use of “attack and distort” and selectively citing only those facts which support the position they want to take are prosecutorial tactics, not the reasoned judgment of a fair and impartial factfinder.

Worse still, Keller acknowledges that the state withheld material evidence on discovery which they were ordered to turn over to the defense, then she goes on to actually chastise the defense expert and deride his opinions because he acknowledged that he was working from incomplete data, the underlying DNA testing’s electronic data was unreadable and the hard copy data was incomplete!

Sharon Killer also overlooks the fact that William Watson also agreed at the very beginning of his testimony that he made a mistake in attributing to me the hair “clutched” in Twila’s hand.

But Keller goes on to credit the state’s expert, Watson, because “unlike [defense expert] Dr Shields, Watson had access to the samples themselves and, presumably, the complete data generated during testing.” So this is now an inquisitorial system in Texas. The state can test whatever it wants and hide both the evidence and the underlying data from the defense and not only get away with it but be complimented for it!

She goes on to say “genomic testing on those very hairs revealed a mixed sample of appellant’s and Twila’s DNA, and it may well be that it was that mixture that contaminated the second hair, rendering a mitochondrial DNA test unreliable.” That is a bald faced lie. Watson testified that there was (and we have a photo of it and photocopies) a Ziplock baggie of many hairs labeled 11-D and when the mitochondrial testing was done, it was not done on “the same two hairs the genomic testing was done on.” They simply selected two more hairs out of the 11-D bag and did mitochondrial (mtDNA) testing on those hairs.

Worse still, I think Madam Killer Keller wrote this insane opinion because I had written the special prosecutor in her unethical conduct trial by the Texas commission on judicial conduct, telling him of her statements about being “prosecution oriented” and inquiring as to why no one ever acknowledged that such a statement plainly and clearly admits to serious bias and prejudice in favor of the state and against any criminal defendant petitioner or appellant. That it’s constitutionally required as part of due process to be heard by a fair and impartial factfinder. I think probably the prosecutor, John McKetta, turned over to Keller’s attorney, Chip Babcock, my letter on discovery and Keller was thus aware of it and maybe read it, then in retaliation authored this “opinion” in my Ch 64 appeal on DNA testing. If this is so, Keller should’ve recused herself from my case.

Only in Texas can something this insane happen.

As always


999143 Polunsky Unit
H W Hank Skinner
3872 FM 350 South
Livingston, TX 77351-8580

http://www.hankskinner.org


h.w.skinner@gmail.com
hwskinner@yahoo.com
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Old 11-01-2009, 07:10 PM
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Default New Hell Hole News #16

New Hell Hole News #16

October 19th, 2009

Affidavit of H W Hank Skinner #999143

(All the documents quoted in this affidavit are linked in this document on the Internet version of the NHHN #16 that can be found at: http://www.hankskinner.org in the “death row news” section)

On 09/01 I sent Warden Simmons a certified letter complaining about the improper/illegal conduct of Warden Lester. On 09/19 I sent a similar letter to P. Morrow of the mailroom advising I was filing suit on her and O. Olvany for mishandling my mail which she received on 09/23. On 09/24, W. Cook, W. Lester's lackey who spies in prisoners' mail, wrote me cases 20100026803 & 809, falsely claiming that I had funds placed on prisoners' accounts for trade in commissary. At major disciplinary hearing it was revealed that Cook had no evidence to support the charges, that his “evidence” consisted of only kites received anonymously in the mailroom, which had no identifying information at all, did not mention my name and were not in my handwriting. Although allegedly someone on my visit list sent funds to various prisoners, that proves nothing as often people who write me, write others and help them, the trust fund accepts deposits from anyone and people can put any name on a money order and mail it.

Under 5th Circuit Teague v Quarterman, the evidence requires “knowledge if not participation of both parties”. Both the prisoners involved stated they knew nothing about Cook's allegations. The charges were dismissed. The Captain DHO (Disciplinary Hearing Officer) had the option to reduce them to minor cases, but as the evidence would not support the charge it wouldn't matter if they were major or minor. Within two hours of dismissal, Cook came rushing onto the pod and went straight to my cell claiming I was “on drugs” and had to submit a urine analysis. I was in the dayroom talking to Justin Hall. When I ignored Cook and continued speaking to Hall, Cook turned on Hall and demanded he take a urine analysis, which Hall did and came up clean. I have never taken a urine analysis in the 13 years I've been here and I never will because TDCJ's urine analysis policy is a trick bag. I take Zantac which shows up as meth on a field test urine analysis as TDCJ uses, the test has a fallibility rate as high as 80% and if you get a false positive, TDCJ will charge you with internal possession. They confirm any positive result with only another urine analysis and will not give the prisoner an accurate blood tox screen by G.C/M.S., even if he demands it. I offered to take the blood test and was refused by both J. Stringer and W. Cook, and again at hearing by Captain S(hitty) Bryant. See Appeal of #20100036437 for refusing urine analysis. This occurred on 10/06/09 at 00:52pm. The aforementioned cases were dismissed on 10/06/09 at approximately 10:58am.

The following day at about 10:00/11:00am of 10/07/09, officer Cook came with Sgt Farris and a group of men unknown to me who had a combo cell phone/dope dog. They again went straight to my cell. I was at rec in “E” dayroom. The dope dog went into my cell, made one turn and walked right back out. The handler enticed the dog back in my cell again. They moved my property around and sicced the dog on it. Again the dog made one turn around the cell and walked right out, hit on nothing. They then went to Justin Hall's cell and likewise found nothing. A this point Lester knew, or should have known, that I possess no drugs and am not on any drugs. On 10/08/09, I filed a Step 2 grievance in #2010000759, wherein I alleged all these events against Lester, Cook, Stringer, Bryant, etc. in that grievance I stated that cases #201000026803 & 809 were spurious because they alleged an offense date of 09/24/09 when the unit was on lockdown and no movement was allowed. While this was true, as well as it had no bearing on why Capt Stringer DHO dismissed the cases, as stated supra. In direct retaliation for my grievance, which constitutes protected activity under the Constitution, W. Cook rewrote the cases but now claims, instead of “for trade in commissary” that the funds were placed in these prisoners' accounts “for a debt of unknown transaction” and alleged an offense date of 10/08/09, the same day I filed my Step 2 for retaliation in #2010000759, naming Cook. These new cases, #20100040297 & 307 are spurious as well due to the fact that they were based on the same exact set of kites and facts as #20100026803 & 809. There is no proof at all that I “had funds placed” anywhere, on these accounts or otherwise. Moreover, they again alleged an impossible offense date of 10/08/09 – offender Deleon #455466 went home on mandatory supervision on 09/30/09 and thus was not even on the unit on 10/08/09. His TDCJ-ITF account had been closed since 7 days before he left or, since at least 09/23/09. There is no evidence that I had any contact at all with prisoner Morgado #1284079 on 10/08/09 or at any other time and, more importantly, no funds were placed in his account on 10/08/09. Worse, Capt Stringer had the option at hearing to dismiss these cases or reduce them to minors. He dismissed them outright. If the evidence doesn't support the charge, as here, it matters not whether the charge is major or minor. Once the case is dismissed, that's it. Cook has egregiously violated my due process rights with the help of Warden Lester and Major Joe Smith, who graded these rewritten cases a minor in order to make an illegal end run around the due process requirements of a major disciplinary hearing. The obvious and only conclusion is that these three persons are retaliating against me at will as stated supra. At the hearing in/on Disc #20100036437 ma for refusing urine analysis, I again stated that I was not on any drugs and offered to take a blood test. It was refused, showing that Bryant and Lester's true objective was only to retaliate against me, not to discover whether I am “on drugs” as they allege. The charge stated I was ordered to submit to urine analysis “due to a reasonable suspicion of using a controlled substance”, yet when J. Stringer was directly questioned by me as to the basis of this so-called “reasonable suspicion”, she hesitated for some 45 seconds to 1 minute, prompting the Capt DHO Bryant to ask whether she heard the question. She continued to hesitate and, after being heard to consult with someone there with her (she testified on speakerphone, was not present in the hearing room), she finally vaguely answered “it was uh, based on information received”. When told she would have to articulate the “suspicion” and explain it as being “reasonable”, she was totally unable/unwilling to do so. DHO Bryant attempted to rescue her faltering non-answer by suggesting I was on some list and everyone on the list must be tested, but that had no bearing at all on the charged conduct which Stringer was unable to prove. This was not a random urine analysis, rather it was specifically targeted to me. Despite being totally unable to prove the charge, the DHO still convicted me of it. This hearing was ran on 10/14/09 at 2:29pm. Bryant had previously sat on the DRCC committee which illegally dropped me to level III for this urine analysis refusal. Thus Bryant was absolutely precluded by policy from sitting as DHO on this case because obviously he had a compelling interest in finding me guilty to justify his DRCC decision on 10/13/09 at 10:41am the previous day downgrading me to level III. This action itself was retaliation due to my complaining in #2010000759 grievance Step 2 that I was level II mis-housed in a level III totally sealed up management cell. All of these actions were due to Warden Lester's retaliatory intent or scheme because of my complaints against him and his illegal actions which violate written policy and my constitutional rights.

On 10/13/09 at approximately 10:30am, Lester had me moved to A-Pod, B-section, 23 cell next to death watch, which is his personal torture chamber for the infamous Richard Tabler, who allegedly threatened Senator John Whitmire. I was left all day in an empty cell with no property. When I was placed in the cell, it was filthy, full of welding park slag, concrete dust and chips, and grinder dust due to recent remodeling work. I had no cleaning supplies. All my property, legal or otherwise, was confiscated. Officer D. Smith took my ink pens, carbon paper, envelopes, pencils, stamps, cups, bowls, calculator, night light bulb, spoons, toothbrushes, shampoo, soap, toothpaste, hair grease, vitamins, envelope of mail, alarm clock, comb, dental flossers and shoelaces; all items I am permitted on any level. Officers unknown took all my legal files and papers out of the envelopes marked as to content for each, mixed them all up and threw them in my cell on the filthy floor. Once I finally got a towel to clean with, it took me over 30 hours over 2 days time to sort things out, clean the cell and return my property to some semblance of usable order. Sill many documents, envelopes and other material are missing or destroyed.

Meanwhile at approximately 2:30/3:00am on 10/14/09, Lt K. Langford came to serve me the three rewritten/false/aggrandized cases #20100040297, 307 and 315, at which point I explained to him that the cases had been dismissed by Capt Stringer for lack of evidence and that it did not matter whether the case was major or minor, if the evidence won't support the charge, it won't support the charge, that the handwriting sample provided by Cook allegedly as mine out of my outgoing mail was found by both Capt Stringer and CS Mosley to not match the handwriting on the kites, that the kites were received anonymously in the mailroom and did not contain my name or identify me in any way, nor did they identify either Deleon or Morgado, that Capt Stringer had the option to reduce the charges to minor at hearing, but he instead dismissed them and that no offense could have even occurred on 10/08/09 because prisoner Deleon left the unit on 09/30/09 on mandatory supervision release and there is no evidence that I had any contact with prisoner Morgado on 10/08/09 and no funds were placed on his account on that date, that officer Cook was retaliating due to my filing grievances on him and that he could not keep rewriting previously dismissed cases, getting the Major to grade them minor so as to skirt Capt Stringer's authority and avoid the due process requirements of a major disciplinary hearing. I further informed him of the due process requirements of the 5th Circuit U.S. CT App.'s decision in the recent Teague v Quarterman opinion that requires actual knowledge if not participation of both parties in order to convict, that the alleged kites did not match the handwriting of nor name or identify either Deleon or Morgado and both prisoners are on record as stating they knew nothing about Officer Cook's allegations at all; that Officer Cook could not go “forum shopping” until he found someone who'd hear his spurious faux drivel and convict me of it and that Lt K. Langford was violating my due process, 1st, 8th and 14th amendment rights even coming down here to try to serve me. Furthermore, at to Couch's case that I “remove the envelopes from (my) door”, I had an absolute right to put out my mail for officers to pick up. Lt Langford stated he agreed with me but that Warden Lester had ordered Capt Bryant to “look at Skinner any way you can” (which is a euphemism for instructing rank to harass and mistreat a prisoner) that Capt Bryant had ordered him to do it and that he thus had no choice. He then told me “well, have a great day!” and left. At hearing I had complained that Bryant had improperly leveled me for refusing a urine analysis, that according to the death row plan, the only reasons to be placed on level III are some kind of assaultive behavior or an escape attempt with high potential for assault, that he could not place on level III for refusing a urine analysis. At that hearing, on 10/14/09, Bryant stated “ok Skinner, ok. We'll look at your level, ok”. Bryant then instructed Lt K. Langford to falsify an I-203 DRCC form and to back date it to 10/13/09, alleging I had placed my arm in the food slot and refused to allow closure of it at 9:30pm on 10/13/09. Capt Bryant then used this falsified I-203 DRCC placement on restriction form to continue me on level III and placed me on food loaf restriction until 10/19/09 in direct retaliation on my complaint earlier that day. The I-203 alleged I committed this act at 18h00 changed to 21h30 on 10/13/09, at which time I was on AB-23 cell. Officers Simer and Bunting worked the pod that night and both attested to rank, in front of me, that I did not jack the slot on that date and time. Confronted with this information, Lt K. Langford made up some story that I had jacked the slot (refused to allow closure of the food slot) on Officer Couch. When Officer Couch was questioned, he falsely claimed the incident occurred on 10/12/09, that I kept the slot for 2 hours and eventually gave it up and went to bed; and no supervisor was ever called. On 10/15/09, I confronted D. Smith about improperly confiscating my property and she stated I couldn't have my pens and supplies. When I showed her the receipts she'd claimed I didn't buy them, she said “it still don't matter, you ain't getting shit, this is a fuckover direct from Warden Lester so get over it and live with it” and left. Later Lt Duff came on the section and I showed him the receipts, he said he would try to get my stuff from Smith. To date, it's not been returned. That night of 10/15/09 at mail call, I received a Prop-08 confiscation form from Smith dated 10/14/09 falsely claiming I'd refused to sign the form – a lie. I never saw it until I got it in the mail. Property Officer Smith has in the past destroyed numerous items of my property in this same fashion. She is like a “hit man” (woman) for the rank, she attacks and destroys the property of whoever they are displeased with for whatever reason.

This section, that I have been placed on, has cameras on either end of the run, some in some of the cells, the crossover doors are all taped shut, which permits entry to the section from only the gate. The gate is solid barred steel attached to a solid barred “dayroom” in a concrete aperture opening to the section, approximately 15 x 25 feet tall x wide. The bars extend on up to the section ceiling some 2 stories tall (14 cells, 7 in a row, 2 rows tall). The entire “dayroom” is actually a day cage of barred steel on 3 sides, the fourth side being a concrete divider wall that's between sections. So when the gate is popped (open) electronically from the picket, the slamming of the barred magnetic servo into the bolt creates a deafening noise which reverberates through the steel in the entire section with such force that you can feel it through your bunk (steel too) and mattress, into your bones. If you are asleep, it will instantly awaken you violently. Because the entire section's cells are all empty except mine and because the cells are all arrayed on the outermost perimeter wall of the pod, the volume and percussion is magnified and that much worse.

Officers are instructed to do a “security check” on me every 30 minutes and are threatened everyday over it, telling them the cameras are recording them on DVR discs in the Major's office that he and Capt Bryant are reviewing the video feed every morning; and that if they are not seen doing the checks they will be fired. Thus I am subjected to sleep deprivation 24 hours a day. If I doze off at any time, I am soon awakened. When officers come in the section, but are out of camera range, they beat the bars with bean slot bars called a “crow's foot” which is a 5/8” thick metal bar, round in shape with a forked foot on the end of it, overall about 18”-24” long and weighs likely 10 lbs or better, beating or clacking it along the dayroom bars creates a noise almost as bad as popping the gate. They call to me: “Skinner, Skinner! Skinner! Are you alive up there?” The lights are on 24/7 and are never turned off, as with other “normal” pods. Ha/ha. I am not allowed any amenities, no coffee or other commissary staples. I still have no comb or hygiene items. I am not being allowed to recreated in the dayrooms where I could still not have any contact with other prisoners, but at least I could talk to them. If I am allowed to recreate, which is supposed to be three (3) days a week, I am asked only if I want to go outside by myself. Thus I am totally isolated in this section by myself. The so-called “tempered air” evaporative cooling system is kept on high so the section is freezing cold and terribly damp. I have no clothes other than state socks, boxers and 1 t-shirt + my TDCJ jumper. So I can't take my clothes off to wash them because I'd be too cold. I had two sets of thermal underwear, which Smith confiscated last year in October/November. The Warden ordered her to return them, which she did, but she turned right around and confiscated them again in February of this year. I immediately filed a complaint on her via grievance which to this date has never been answered. When I wrote the grievance officer about it, he claims it is still “being reviewed”. They have 40 days to answer a Step 1, 35 to answer a Step 2. No notices of extension have been served to me in either instance. In any event, due to these circumstances I am being psychologically tortured, I believe. At 2:00 or 3:00am every morning, officers come to check the pipechases between cells which have doors made of steel that are about 2 ? x 3 ? ft tall x wide and have a lock that uses a huge brass key like a jail door plus another steel bar that closes over the brass keyhole, secured by a padlock. The doors have been painted over many times and thus stick badly, requiring them to be jerked open and slammed shut which creates deafening noise. It should be noted that due to a recent court case against TDCJ for sleep deprivation, they agreed to leave prisoners be from 10:00pm – 6:00am at night to morning so they could get 8 hours sleep. However, Capt S(hitty) Bryant, on his own instance, negated that requirement for death row prisoners stating that, since they don't work, they don't have to allow them sleep at night. Warden Lester continues to interdict and intercept mail to and from me on grounds of “investigation” because my complaints against him and Cook and his other minions/staff are legitimate and he fears that if I file suit on him again, I will win, just as I did last time. Thus he tells his officers “go shake him down, shake him down real good”, which is a euphemism for “tear his stuff all to hell, destroy as much of it as you can and get something on him I can use against him to shut him up!” Yet all he takes from me every single time is items he has no business or right to take, as described supra. Warden Lester constantly attacks me with these fake “commodity exchange” cases because he is obviously some kind of racist and he despises the fact that I help prisoners who have nothing, who are usually hispanic or black minorities. People in the world I associate with are all heads of civil activist organizations who help prisoners. Most of them are financially secure and often tell me they'd like to write or help other prisoners. When I give them names and/or numbers of prisoners who are interested, Simmons or Lester accuse me of making “illegal commodity exchanges” with these prisoners, as if eating commissary or sharing their information with interested parties in the world were some criminal enterprise or something.

In the law of prison conditions is a term called an “overreaching, exaggerated response to legitimate governmental goals and/or prison security needs”. Simmons and Lester are severely afflicted with this particular malady. They act like a cross between a pair of common street thugs mixed with the dictator of a small island. Instead of addressing legitimate problems brought to them in complaints, they always retaliate or act out with uses of force, shakedowns, downgrades of classification level or some other maliciously punitive action. Simmons' actions in relation to the TDS investigation of Willie Pondexter's clemency petition are a good example of his thuggery and show that he believes himself above and impervious to the law. When legal interns, working for TDS attorney David Dow, attempted to interview officers who'd told Pondexter they'd testify in favor of clemency for him, Simmons called the sheriff of Polk County and had the interns arrested and threatened. The next day, Simmons appeared at 12 building turnout and told every officer there that if any of them talked to TDS investigators, they'd be fired immediately. Simmons runs this place like a petty dictator or mafioso, not like a professional state official heading the office of Warden.

I hereby declare under penalty of perjury that the foregoing pages are true and correct to the best of my knowledge and belief per 28 USC § 1746.

Given my hand, this 19th day of October 2009.

H W Hank Skinner #999143

#999143 Polunsky Unit
H W Hank Skinner
3872 FM 350 South
Livingston TX 77351-8580

h.w.skinner@gmail.com

http://www.hankskinner.org
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