On The Front Lines
Rutherford Institute Urges Texas Gov. Perry to Demonstrate Commitment to Justice by Temporarily Staying Execution, Calling for DNA Testing
AUSTIN, Texas— Calling on Texas Governor Rick Perry to demonstrate his commitment to justice, John W. Whitehead, president of The Rutherford Institute, is urging the presidential candidate to temporarily stay the execution of Henry Skinner and allow him access to DNA testing in order to put to rest any doubts that may linger about his guilt or innocence. Skinner is scheduled to be put to death on Wednesday, November 9, 2011, for the 1993 murder of his girlfriend and her two sons. However, key pieces of evidence relating to the murders were not tested, including a knife that might have been used in one of the murders and scrapings from the fingernails of one victim that could contain the killer's DNA.
The Rutherford Institute's letter to Governor Perry is available here.
"Henry Skinner's impending execution is a reminder of the importance of a fair trial," stated John W. Whitehead, president of The Rutherford Institute. "To execute this man without a serious examination of the evidence would affirm that the mechanisms of government are not geared toward justice and truth."
In his capacity as governor, Rick Perry has on multiple occasions espoused a strong support for the death penalty and its expansive use. A record 234 executions have occurred under his watch. The present case of Henry Skinner calls to mind that of Cameron Todd Willingham, who was executed in 2004 under Perry's watch despite a great deal of evidence calling his guilt into question. In his letter to Governor Perry, John W. Whitehead notes that the facts surrounding Henry Skinner's case demand more rigorous examination. Since his original trial, Texas courts have refused Skinner's repeated requests for proper and complete DNA testing. Citing a 2001 law which places strict restrictions on post-conviction DNA testing, Skinner has been denied the chance to clear his name multiple times.
However, on June 17, Gov. Perry signed into law a bill which affords prisoners the right to test previously untested biological evidence. The law's sponsor, state Senator Rodney Ellis, along with a number of other state officials, have since affirmed that refusing Skinner the right to DNA testing would be a miscarriage of justice. The most recent decision to deny DNA testing in Skinner's case is being appealed to the Texas Court of Criminal Appeals.
In his letter to Gov. Perry, Whitehead points out that if Texas is to stand by its practice of capital punishment, it must ensure that the system is error-free and provides the accused with every reasonable opportunity to ensure that their death sentence is warranted beyond reasonable doubt. The letter states, "Allowing Skinner access to DNA testing, regardless of the outcome of the tests, will only be advantageous to Texas. If the tests establish Skinner's innocence, a man's life will be saved and Texas can stand by its commitment to ensuring that justice is served. If, on the other hand, these tests establish Skinner's guilt, the state's case will be that much stronger."
