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Tennessee execution: Billy Ray Irick tortured to death, expert says in new filing

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Editor's note: Reporter Dave Boucher was one of seven state-required media witnesses at Irick's execution. 
Billy Ray Irick felt searing pain akin to torture before he died in a Tennessee prison in August, but steps taken in carrying out his execution blocked signs of suffering, according to a doctor who reviewed information about the lethal injection.
In new court filings entered late Thursday amidst an ongoing legal challenge of Tennessee’s lethal injection protocol, Dr. David Lubarsky said statements from people who witnessed the execution indicated the controversial drug midazolam failed to ensure Irick could not feel pain during his death.
As a result, the death row inmate “experienced the feeling of choking, drowning in his own fluids, suffocating, being buried alive, and the burning sensation caused by the injection of the potassium chloride,” Lubarsky wrote in the filing.
The document also says the state did not follow its own lethal injection protocol, raising questio…

Supreme Court To Hear Texas Death Row Inmate's DNA Case

Hank Skinner
Washington, DC, United States (AHN) - The U.S. Supreme Court hears arguments Wednesday on whether a Texas man convicted of murder can have DNA evidence in his case tested. Advocacy groups, state lawmakers and at least one media outlet have cited problems in the case of Hank Skinner, including post-trial evidence and falsified testimony.

Skinner, 48, was scheduled to die by lethal injection in March, but the Supreme Court issued a temporary reprieve, saying it would stay his execution until it decides on whether to consider his appeal.

He was convicted of the murders 16 years ago of his live-in girlfriend and her two adult sons, who suffered developmental problems. He was in their home when the New Year's Eve killings happened, but he claims to have been in a daze from drugs and alcohol he took earlier that day, and therefore unable to have carried out the crimes.

Skinner argues in his civil rights lawsuit that he was denied access to DNA tests for 10 years. Prosecutors tested selective evidence for DNA, he alleges, but rejected his requests to test biological evidence that could conclusively determine his guilt or innocence.

The defense lawyer in Skinner's trial had decided against testing any of the evidence for DNA, while the prosecutor had tested for DNA only three of a dozen items. The tests showed that blood stains on Skinner's clothes were those of the victims.

Among the evidence Skinner wants tested for DNA are a victim's hairs and fingernail clippings, vaginal swabs, a windbreaker that could have belonged to the killer, and knives from the crime scene.

Skinner had asked the Texas Board of Pardons and Paroles for clemency or a stay of his execution to conduct DNA tests. The board unanimously rejected his request early this year.

The Medill Innocence Project has cited the star witness' recantation of her testimony in a audio-taped interview to eight investigative journalism Northwestern University students in 1999.

Blood tests on Skinner also showed he would not have had the strength or balance to commit the three murders, lending credence to his claim that he was unconscious from codeine and alcohol.

A former construction worker who spent 15 years in solitary confinement in a 9-by-12-foot prison cell, Skinner has maintained his innocence since being accused of the crimes. He believes his girlfriend's uncle, Robert Donnell, was responsible for the murders.

State Sen. Rodney Ellis is one of several lawmakers who have been urging that DNA testing be carried out.

The Dallas Morning News in an editorial Tuesday invoked the case of Cameron Todd Willingham, who was executed in 2004 and who was prosecuted using "flawed science," according to an inquiry this summer by the Texas Forensic Science Commission.

"If Skinner loses, our state again could be in the embarrassing and outrageous position of authorizing an execution with potentially exculpatory evidence locked away," the newspaper said.

"The appearance of finality can be illusory. Rape victims involved in 20 Dallas County DNA exoneration cases know that," it added. "It's possible that Skinner is as guilty as the West Texas sky is blue. Texas courts say they're sure of it. But they don't have all the facts, and there's no excuse not to have them."

A growing number of prisoners nationwide have been exonerated through DNA tests. According to the Innocence Project, DNA testing has overturned more than 250 wrongful convictions across the country, including 40 in Texas, the state with the highest number of executions.

Source: AHN, October 13, 2010

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