The Honorable Rick Perry
Governor of Texas
Austin, TX 78711
By Facsimile: (512) 463-1932
Dear Governor Perry:
I am writing to urge you to order a 30-day reprieve of execution for Henry W. (Hank) Skinner to allow for DNA testing that is critical to prove his innocence or guilt.
Hank Skinner is scheduled to be executed on Wednesday, March 24. Since he was arrested in 1994, he has maintained his innocence of the three murders for which he was convicted. Untested biological evidence from the crime scene could definitively prove his guilt or innocence, and it is imperative for the sake of justice that these tests be conducted before going forward with Skinner’s execution. Not only is it critically-important for Skinner, who may possibly be put to death for a crime he did not commit, but it is needed to maintain the public’s trust in the criminal justice system. Only a system in which every piece of evidence is examined before the ultimate, irreversible punishment is carried out will gain the public's trust and respect.
Skinner’s request for DNA testing is not new -- he has been seeking the tests for 10 years, and the evidence available is central to the identity of the perpetrator. Among the evidence Skinner is seeking to test are two knives from the crime scene, hairs from one victim’s hand, clippings of her fingernails, a rape kit, and a windbreaker possibly worn by an alternate suspect. Since Skinner’s trial, significant evidence of another person’s involvement in the crime has been developed. An accredited DNA testing lab has now offered to test the evidence in Hank Skinner's case for free. The DNA tests can prevent a terrible miscarriage of justice and determine who is the true perpetrator of this heinous crime.
DNA testing has helped to apprehend the perpetrators of crimes and overturn more than 250 wrongful convictions nationwide, including 40 in Texas. I know you’re well aware of the power of DNA evidence to exonerate the wrongfully convicted. Most recently, you granted a symbolic pardon to Tim Cole who was posthumously exonerated from a wrongful conviction that cost him his life: He died in prison in 1999 after serving 14 years for a rape that DNA testing proved he did not commit. If Skinner's execution is allowed to go forward despite the untested evidence, we - as a society - might carry the shameful responsibility for an unforgivable sin -- the killing an innocent person.
The right not be wrongfully executed is enshrined in our justice system by way of the constitutional due process protections guaranteed by our Constitution. Accordingly, this grave concern should should take precedence over all other considerations, including the procedural reasons given by Texas courts for refusing the request for the DNA tests. Indeed, I cannot think of a more egregious violation of our inalienable rights than executing an innocent person, and I am certain you would agree with that premise.
Governor, please exercise the authority granted to you under Texas law to delay this execution so DNA testing can be conducted. I ask that you guide yourself in this decision by the fundamental values of integrity, decency and justice, and don’t allow Hank Skinner to be executed when untested evidence exists that could lead to his exoneration.
Respectfully yours,
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