Hank Skinner: What should we hope for next?

It became clear on Wednesday night, as we celebrated (“crying AND doing the Happy Dance” as my friend Carol Crowe-Leonard said on Twitter), that there was a lot of remaining confusion about exactly WHAT had been granted to Hank Skinner and what that actually meant. It was a relief to see this clarification posted by Change.org. I urge everyone to read it. It looks like there are still a number of weighty ‘Ifs’ between Wednesday’s indefinite stay of execution and freedom for Hank.

Governor Rick Perry and smiling fans

Smiling Perry and fans

So – if the worst happens and the treacle of the American justice system becomes too thick for reason to prevail at the next phase – what chance remains for a reprieve? Well let’s not forget that even if the Supreme Court denies review, there is the final recourse to Governor Rick Perry to continue the stay for an additional 30 days, and to just TEST THE DNA. Would he give the instruction do so? Well, just as the Texas Board of Paroles is a closed and secretive body, it’s hard to read Governor Perry. Instinct would say it’s unlikely. He’s the beloved figurehead of the ‘Hang ‘Em High state’ after all, and he’s busy fighting the corner of his hardcore Republican fanbase on the matter of the healthcare reform bill right now amidst cries of ‘Lead us into secession, Governor Perry, save us from Washington!’. But those cries also mingle with the ones saying ‘Please, Governor Perry, run for President!’ Looking at his snakeoil charm and devout, if misguided, following, and coupling that with the past form of Texas Governors in acceding to the Presidency*, it’s entirely possible that his unstated ambition is that of one day becoming POTUS. And if so, could he in years to come enter into that race knowing that everyone in the Western world had watched him deny a man his last, earnest chance to clear his name?

Opponents of the death penalty tend to look upon Texas as an almost unassailable mountain to climb – it does after all hold the record as the State with most executions under its belt, by a long way – but I can’t help but feel that whatever the outcome for Hank, we have turned a small corner. Perry is in a difficult position, the rationale of the TBPP has again been called into question, and the entire machinery of the capital justice system, which would allow a man’s life to be callously terminated while exculpatory evidence remains, MUST be under increased scrutiny…

So we need to hope that SCOTUS reviews the case for civil appeal. We need to hope that they agree that a constitutional right exists for Hank to have access to the DNA evidence thus far denied. We have to hope the DNA is conclusively in Hank’s favor. And we have to hope that the evidence of his innocence concludes rapidly with a full pardon and release. Above all, we must hope that everything that has happened in Texas since long before Tim Cole and Cameron Todd Willingham, right up to the present day, will be ringing loud and irrepressible alarm bells in courtrooms and police stations across the land.

That’s a lot of hope. I think we’re up for it!!!

Here’s a video interview with Hank’s daughter Natalie soon after we had news of the stay.

* Governor George W. Bush notoriously once claimed that not one innocent man had been executed on his watch.

Protest the planned execution of Hank Skinner on March 24th!

Sandrine and Hank Skinner

Here for the benefit of those not on Facebook is the substance of today’s plea from Sandrine Ageorges-Skinner. With only a few days remaining for the Board of Paroles and Pardons and Governor Perry to grant a stay of execution so that critical DNA materials can be tested, it’s important to do whatever you can to petition the State and secure a chance for Hank.

Too many death row prisoners have been exonerated upon DNA proof of innocence. Too many people have been executed on unsafe grounds. The criminal justice system is not perfect. Please – Help give this man the chance for life he deserves.

*     *     *     *

Hank’s clemency petition is seeking a commutation of Hank’s death sentence to life in prison in order to enable him to prove his innocence and seek a pardon.

WRITE, FAX OR CALL GOVERNOR RICK PERRY

Governor Rick Perry
Office of the Governor
P.O. Box 12428
Austin, Texas 78711-2428
Fax: 512-463-1849

Main number: 512-463-2000
Website email contact form/ http://www.governor.state.tx.us/contact/

or use the online letter signing page set up by the Innocence Project here:
http://www.change.org/innocence_project/actions/view/order_dna_testing_for_hank_skinner

THANK YOU ALL FOR YOUR SUPPORT!

All the details of the case are available on the website, however, here are some of the points you can raise:

  • Hank was sentenced to die on the basis of a perjured testimony and circumstantial evidence
  • The accusation theory relied on that one witness, who later recanted and explained how she was threatened to make a false statement to the police and give a deposition at trial which was based on a script supplied by the district attorney’s office
  • Both the State’s star witnesses (Andrea Reed & Howard Mitchell) have testified that they believe Hank to be innocent
  • The little forensic analysis done before his trial excluded him as the killer
  • The additional and minimum testing done during his post conviction appeals excluded him too
  • The available scientific evidence proves his physical incapacitation at the time of the crime
  • The significant quantity of evidence remaining to be tested is essential to reveal the truth about his innocence
  • His motions for DNA testing have been denied although he has always offered to pay for the costs
  • The state of Texas has a very poor record in terms of wrongful convictions and DNA exonerations
  • The interest of justice is to find out the truth and to not execute an innocent
  • The state is withholding the untested evidence that can prove Hank’s innocence
  • All three of the previous D.A.s have publicly stated that they believe the evidence needs to be tested
  • The D.A. has admitted in Ch 64 DNA pleadings that the evidence is in a condition making testing possible, that the chain of custody has been maintained, that the evidence is capable of providing a probative result and identity is an issue in Hank’s case
  • Texas should not execute a man it does not know for a fact to be guilty. After Andrea Reed’s recantation, according to the state’s own experts, the remaining evidence does nothing to prove guilt at all. The A.G has stated through his spokesman that it would violate the constitution to murder someone who is innocent – that has got to apply equally to someone they do not know for a fact to be guilty

Both petitions (commutation and reprieve) as well as three statements attached to the petitions can be dowloaded in the “legal documents” section of the website.

http://www.hankskinner.org