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Mar. 29 2010 - 10:47 am | 185 views | 0 recommendations | 1 comment

Would Texas execute man innocent of murder? Expert journalist worries answer is yes

David Protess is a journalism professor at Northwestern University, a book author and a freelance magazine writer. He has gained a modicum of well-deserved fame for leading his journalism students in real-world investigations that have freed innocent men from prison while sometimes identifying the actual perpetrators.

Browsers can find out more about the reporting of Protess and his students by going to to their website.

In some cases, Protess and his students collaborate with the Center on Wrongful Convictions at Northwestern University. Directing that center, within the law school, is Rob Warden, who used to publish a crusading magazine called Chicago Lawyer. Warden has written and edited numerous wrongful conviction exposes. He and Protess are co-authors of two books about miscarriages of justice.

Occasionally, Protess and his students investigate cases outside Illinois. The Hank Skinner case in Texas is one of those. Earlier this month, the U.S. Supreme Court halted the scheduled execution of Skinner, a convicted murderer, so the justices could consider whether to order forensic testing of apparently untested evidence that could verify Skinner’s insistence he is innocent.

(“In Justice” published three postings related to the Skinner case earlier this month.)

Protess and his students celebrated the stay of execution granted by the Supreme Court, but understand that is not akin to victory. In correspondence with me, Protess said this about Skinner:

Thanks for commenting on this outrageous case. Here we have a pro-State lab that only tested  evidence placing Skinner at the crime scene (his home), a fact that no one disputes. But no lab has tested evidence that might exclude him as the perpetrator, including the rape kit, two bloody knives, hair found in the female victim’s hand, skin under her fingernail clippings and a blood-stained windbreaker found next to her body that looks strikingly similar to the prime alternative suspect in the case. Can Texas — even Texas — put Skinner to death without testing evidence that almost certainly would prove his innocence (which he has steadfastly professed) or guilt?

Skinner might be a killer. But if the truth is unclear right now to Protess–a genuine expert on investigating wrongful convictions–then the truth ought to be unclear to everybody else without further investigation.


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    Steve,

    I believe David Protess will agree that DNA testing was in fact done that would exclude Hank Skinner, and that did in fact exclude him.

    The rape kit and fingernail clippings were sent to GeneScreen for post-conviction testing, along with various hair samples. It’s not clear whether the rape kit and fingernail clippings were tested, since no report on them was ever generated (or released if generated.)

    A report was generated on the hair samples, however, seven months after the test, after DA John Mann literally lied to the press about the results. None on the results inculpated Skinner.

    In fact, the hair found clutched in the victim’s hand, the hair the State claimed came from the killer’s head as the victim fought for her life, that hair came not from Skinner but from a unknown male, possibly a maternal relative of the victim.

    Because of the DNA results from that test, and because of the significance of that test as defined by the State (before the results were known), we at the Skeptical Juror project declared Hank Skinner to be factually exonerated.

    We stand by that declaration today. We are unafraid, in fact we are eager, to have that declaration challenged by the testing of all probative DNA in the Hank Skinner case.

    The State of Texas, on the other hand, has fought for 16 years to keep the DNA from being tested.

    Are we sure as a society that we want to execute this man?

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    About Me

    Investigative reporter since 1969, starting on daily newspapers, moving to magazines, then to writing books. In 1978, I decided to reject the world of regular paychecks and freelance for newspapers and magazines while continuing to write nonfiction books. Since 1976, I have been active in an international group called Investigative Reporters and Editors (www.ire.org). From 1983-1990, I ran IRE day to day, and still help edit its magazine. Partly from passion and partly for mercenary reasons, I have been teaching students part-time at the University of Missouri Journalism School since 1978. As you would deduce from my trueslant.com blog, my research, writing and teaching have increasingly focused on exposing flaws in the criminal justice system, especially when those flaws lead to the imprisonment of innocent men and women.

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