Nation - Texas Killer loses bid for execution delay

LIVINGSTON, Texas (AP) -- The Texas Court of Criminal Appeals refused on Wednesday to halt next week's execution of a man convicted of a triple slaying in the Texas Panhandle more than 16 years ago. The state's highest criminal court denied a request from inmate Hank Skinner to stop his lethal injection, scheduled for March 24 in Huntsville. "I expected no more, no less from them," Skinner said from death row, describing the court as "nine prosecutors." "Their previous rulings have been so far out of whack," he said. "One thing, they sure don't believe in due process. That court is a joke." Skinner, 47, contends he's innocent of fatally bludgeoning 40-year-old Twila Busby and fatally stabbing her two adult sons, Elwin Caler, 22, and Randy Busby, 22. All three were killed at their home in Pampa on New Year's Eve in 1993. Skinner has contended for years that he couldn't have committed the murders because he was passed out on a couch, sick from alcohol and codeine use, when the crimes occurred. He and his lawyers have argued that Twila Busby's uncle, Robert Donnell, could have been the killer. They said Donnell, who has since died, had a history of violent behavior, particularly when he was drinking. Skinner and his attorneys want more time to test evidence for DNA that they say could show he wasn't the killer. "Because state officials continue to refuse to conduct readily available DNA testing on evidence from the crime scene that could clear him, there remains a serious risk that Texas, one week from today, will execute an innocent man," Skinner's lead attorney, Rob Owen, said. Skinner still has an appeal before the U.S. Supreme Court and is asking Gov. Rick Perry for a reprieve. "We remain hopeful that the Supreme Court, which has often found it necessary to correct egregious injustices in Texas capital cases, will intervene to protect Mr. Skinner's right to pursue that DNA testing in federal court," Owen said. He also said he hoped Perry would "do the right thing and postpone Mr. Skinner's execution until all the facts are in." "Time is growing short, and ultimately someone must have the courage and the common sense to step forward and ensure the reliability of this verdict through the best available scientific technology," Owen said. Published: Fri, Mar 19, 2010

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