(ORDER LIST: 559 U.S.) WEDNESDAY, MARCH 24, 2010 ORDER IN PENDING CASE
09-9000
SKINNER, HENRY W. V. SWITZER, LYNN (O9A743)

The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is granted pending disposition of the petition for a writ of certiorari.

Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event
the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.

http://www.supremecourt.gov/orders/ordersofthecourt.aspx

************************

************************

Dear NCADP Supporters,

Thank you for all of the calls, emails, faxes, and letters you have sent on behalf of Hank Skinner. As you know, Mr. Skinner is scheduled to be executed by the State of Texas on Wednesday, March 24, despite the fact that critical DNA evidence from the crime scene has never been tested. This week, Chromosomal Laboratories, Inc. in Arizona offered to test the DNA evidence — for free — if Governor Perry grants Mr. Skinner a 30-day reprieve.

TCADP and its partners are urging the Governor to intervene in Hank Skinner’s case and issue a 30-day reprieve to allow for DNA testing to take place. Please contact the Governor AS SOON AS POSSIBLE to urge him to exercise his authority to grant this reprieve and to prevent a possible miscarriage of justice!

Talking points and contact information for your letters and faxes can be found below. To stay up-to-date on developments in Mr. Skinner’s case, please go to http://tcadp.blogspot.com/.

Thank you for taking action at this critical moment! TCADP will continue to update you on this situation and provide additional action opportunities.

***
It is very helpful and greatly appreciated to have the support of letters, which should go to the attention of:

CONTACT INFORMATION

Chelsea Thornton Buchholtz
Assistant General Counsel
Office of the Governor
1100 San Jacinto
Austin, Texas 78701
The fax number for the General Counsel’s office is 512-463-1932.

Letters could also go to the Board of Pardons and Paroles:
Texas Board of Pardons and Paroles
Clemency Section
8610 Shoal Creek Boulevard
Austin, Texas 78757
The fax number there is 512-467-0945.

TALKING POINTS
Since 1973, 139 people in 26 states have been released from death row with evidence of their innocence. Eleven of them were in Texas.

Many of these people were freed because DNA evidence proved their innocence. But DNA testing only works if we use it.

On March 24, Texas is scheduled to execute Hank Skinner, despite denying testing of DNA evidence that could implicate another man in the murder of Mr. Skinner’s girlfriend and her two sons. DNA testing could resolve the doubts about Mr. Skinner’s guilt, but the State has refused to allow evidence to be tested for ten years.

Is Texas about to create the next Cameron Todd Willingham?

Mr. Skinner’s execution date is just days away, but key pieces of evidence have never been subject to DNA testing. Mr. Skinner’s trial counsel chose not to seek DNA testing, despite the fact that Mr.Skinner steadfastly insisted he was innocent of the crime.

The never-tested evidence includes: a man’s windbreaker found next to the victim’s body, which had blood splatter, perspiration stains and human hairs on it; two knives, at least one of which was a likely murder weapon; a bloody towel; the victim’s fingernails, which may have blood under them; and swabs from a rape-kit that could reveal whether the victim had intercourse around the time of her death and with whom.

Mr. Skinner’s attorney also failed to investigate and present evidence of another suspect who might have committed the crime. DNA evidence may or may not implicate this alternate suspect, but we’ll never be certain without testing.

A clemency petition has been filed with the Texas Board of Pardons and Paroles and Governor Rick Perry.

We urge the Governor to intervene in Hank Skinner’s case and issue a 30-day stay to allow for DNA testing to take place.