FOR IMMEDIATE RELEASE - November 6, 2011
CONTACT: Justice4Hank, Gilles Denizot justice4h...@gmail.com
OVER 129,000 ASK GOVERNOR PERRY TO STOP HANK SKINNER'S EXECUTION
AND DEMAND DNA TESTING.
Hank Skinner, a man on death row in Texas since 1995 who has consistently
maintained his innocence, is set to be executed on November 9 despite untested
key evidence in his case.
HOUSTON, TEXAS – In less than two days, more than 129,000 people called on
Texas Governor and presidential candidate Rick Perry to stay the execution and
test the evidence in the murder case of Hank Skinner, who is set to be executed
on November 9.
On November 4, Justice4Hank, a coalition of family and supporters of Skinner,
delivered 16,000 signatures (more than half of which stemming from Texans
voters) to Gray County D.A. Lynn Switzer, urging her to reconsider her position
in this case and to grant Mr. Skinner the DNA testing he has been seeking for a
decade. There has been no reaction from Ms. Switzer's office.
In a declaration under oath, filed on July 21, 2011, Gray County D.A. Lynn
Switzer stated:
"...At least some of the evidence that Skinner seeks for testing still exists
and is in my custody, such as Twila Busby's vaginal swabs and fingernail
clippings. That evidence is either at GeneScreen or in the evidence locker at
the Gray County Sheriff's Department. I have not sought expert opinion on that
question..."
Ms. Switzer clearly confirms that the chain of custody she is responsible for
has not been maintained and she also admits to be in possession of only two
pieces of evidence. As for the rest of the evidence, she does not know where it
is located or whether it still exists.
Less than 7 days later, on July 27, 2011, the sentencing judge, Judge Emmert,
signed a new death warrant for November 9, 2011, although the courts had to be
fully aware that Mr. Skinner's attorneys would file a new DNA motion as soon SB
122 became applicable.
On November 2, without any explanation, Judge Emmert denied the new motion for
DNA testing. This decision is currently on appeal with the Court of Criminal
Appeals in Austin.
Immediately after, more than 85,000 added their names on a new petition asking
Governor Perry to withdraw the execution warrant and to grant DNA testing to
Mr. Skinner.
In May 2011, the Texas legislators approved new standards for crime labs,
compensation for the exonerated and revised statutes for post-conviction DNA.
Gov. Perry signed those bills into law to improve and scrutinize a criminal
justice system in need of reform. Considering that DNA testing has exonerated
275 prisoners in the United-States since 1989, including 43 in Texas, the
overwhelming vote, both in the House and the Senate, in favor of the revised
post-conviction DNA statute certainly was a welcome addition to the ongoing
reforms Gov. Perry is promoting.
Governor Perry signed SB 122 into law on June 17, 2011. This bill is intended
to ensure that if DNA evidence is available to prove someone's innocence, it
can and will be tested. This revised post-conviction DNA law was authored and
sponsored by legislators who strongly supported the bill for cases like Hank
Skinner's who is set for execution on November 9, 2011. Senator Ellis, who
authored the bill, stated in an interview this week that he does not understand
how the court could continue to deny Mr. Skinner’s request, which he said his
recent legislation would allow.
Gov. Perry, who has presided over 237 executions since taking office in 2001,
must ensure that the criminal justice reforms he supports be implemented. In
this respect, 17 former and current Texas elected officials as well as 27
exonerees have sent letters to Governor Perry to express their serious concerns
about the lack of justice in Mr. Skinner's case. While Rick Perry campaigns for
the GOP presidential nomination, Justice4Hank urges him to do the right thing
for justice and for the truth in Texas, before it is too late.
Live signature totals from Justice4Hank’s campaign: http://chn.ge/HankSkinner
Timeline:
All legal documents quoted below are available in the "Legal Documents" section
of the website at http://www.hankskinner.org
• March 7, 2011 - The U.S. Supreme Court rules in Mr. Skinner's favor
by 6 votes to 3.
• April 4, 2011 - The U.S. Supreme Court lifts the stay and remands the
case to the lower court.
• May 20, 2011 - The Texas House approves SB 122, legislation by
Senator Rodney Ellis (D-Houston) to strengthen Texas' post-conviction DNA
testing law.
• June 2, 2011 - Gray County D.A. Lynn Switzer, the defendant in the
civil lawsuit, files a motion for summary judgment as well as a brief in
support of her motion.
• June 17, 2011 - Governor Perry signs SB 122 into law.
• July 21, 2011 - Gray County D.A. Lynn Switzer files a declaration
under oath.
• July 27, 2011 - Sentencing Judge Emmert issues a new death warrant
for a November 9 execution.
• September 1, 2011 - SB 122 becomes effective.
• September 2, 2011 - Hank Skinner's attorneys file a motion for DNA
testing under the revised statutes as well as a motion to withdraw the death
warrant.
• November 2, 2011 - Judge Emmert, without any explanation, denies the
new motion for DNA testing.
Justice for Hank Skinner
justice4h...@gmail.com
WEB http://www.hankskinner.org
FACEBOOK http://www.facebook.com/Justice4Hank
TWITTER http://www.twitter.com/Justice4Hank
YOUTUBE http://www.youtube.com/Justice4Hank
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