Judges ask 'why' ignore DNA tests

AUSTIN (TEXAS TRIBUNE) - Sensitive to dozens of DNA exonerations in recent years, judges on the nine-member  Texas Court of Criminal Appeals  today grilled the Texas solicitor general about what harm could be done by granting death row inmate  Hank Skinner 's decade-old request for biological analysis of crime scene evidence.

"You really ought to be absolutely sure before you strap a person down and kill him," Judge Michael Keasler said.

Oral arguments in the hearing wrapped up today. It could take weeks or months for the court to render a decision on whether to allow DNA testing in the case.

Skinner, now 50, was convicted in 1995 of the strangulation and beating death of his girlfriend Twila Busby and the stabbing deaths of her two adult sons on New Year’s Eve 1993 in Pampa. Skinner maintains he is innocent and was unconscious on the couch at the time of the killings, intoxicated from a mixture of vodka and codeine.

For more than a decade, Skinner has asked the courts to allow testing on crime scene evidence that was not analyzed at his original trial, including a rape kit, biological material from Busby’s fingernails, sweat and hair from a man’s jacket, a bloody towel and knives. His lawyer, Rob Owen, co-director of the  University of Texas at Austin ’s  Capital Punishment Clinic , told the court that if DNA testing on all the evidence points to an individual who is not Skinner, then it could create reasonable doubt about his client's guilt.

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