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Biden Fails a Death Penalty Abolitionist’s Most Important Test

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The mystery of Joe Biden’s views about capital punishment has finally been solved. His decision to grant clemency to 37 of the 40 people on federal death row shows the depth of his opposition to the death penalty. And his decision to leave three of America’s most notorious killers to be executed by a future administration shows the limits of his abolitionist commitment. The three men excluded from Biden’s mass clemency—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—would no doubt pose a severe test of anyone’s resolve to end the death penalty. Biden failed that test.

Texas death row inmate Hank Skinner insists on innocence as he weathers legal downturn in his case

Henry "Hank" Skinner: "My life is
on the line for a crime I didn't do."
LIVINGSTON - Every morning, convicted triple killer Henry Skinner awakes about 4 a.m. as breakfast is served at Texas' death row, deep within the concertina wire-girded Polunksy Unit 10 miles west of this East Texas hamlet. Around him are the furnishings of his 6-by-10-foot steel and concrete cell - a sink, toilet and bunk. For 22 hours a day, this austere place is Skinner's home.

It is here that Skinner, a onetime Pampa paralegal sentenced to die for one of the bloodiest killings in recent Texas Panhandle history, awaits his fate.

"My life is on the line for a crime I didn't do," Skinner, 52, said this week. "As far as the state is concerned, I'm expendable trash."

Skinner's case garnered international attention as he battled for more than a decade to obtain DNA testing of vaginal swabs, a bloody knife and dozens of other pieces of previously unexamined crime scene evidence. Twice Skinner's imminent execution was postponed to allow his lawyers to argue for the testing, which finally began in 2012.

Now, with mid-July's ruling by Pampa state District Judge Steven Emmert that the test results probably would not have altered the Skinner jury's guilty verdict, the killer's life again hangs in the balance.

Skinner was convicted of the 1993 New Year's Eve murders of his live-in lover, Twila Busby, and her two adult sons, Randy Busby and Elwin "Scooter" Caler. Twila Busby was strangled and bludgeoned with an ax handle; the men, stabbed.

Skinner repeated assertions that the killer was Twila Busby's uncle, Robert Donnell, "a mean drunk," who had sexually accosted her during a New Year's Eve party at a nearby residence. Six weeks before the killings, Skinner and Busby's sons arrived at the family home to find Donnell assaulting his niece, he said.

Suspicion first was cast on Donnell by Northwestern University journalism students who traveled to Texas in 2000 to investigate leads in the case. They encountered a witness who had seen the man cleaning his pickup with uncharacteristic fervor just days after the killings.

Donnell later was killed in an auto accident.

Skinner's legal team believes a blood-spattered windbreaker found at the crime scene may have belonged to Donnell. The jacket was lost while in the custody of Gray County authorities, and was not available for DNA testing.

None of Skinner's explanations gained traction with jurors or later appellate court judges.


Source: Houston Chroncile, Allan Turner, July 27, 2014

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