Please call Gov Perry at (512) 463-2000 and urge him to stop the execution of Hank Skinner on March 24, 2010 by granting a 30-day stay of execution so that DNA evidence can be tested. Call anytime day or night and leave message on voice mail.

Austin American-Statesman Editorial Board:

If all goes as planned by the state of Texas, tomorrow will be the final sunrise Henry W. Skinner ever sees. Skinner, 47, is scheduled to be executed at 6 p.m. Wednesday for a brutal triple-murder committed in Pampa on New Year’s Eve 1993.

We believe that even the most ardent supporters of capital punishment, confronted with the facts below, will join Skinner in asking Gov. Rick Perry for a 30-day reprieve.

In fact, the most ardent supporters of capital punishment — those most invested in making sure Texas does not execute an innocent person — are the ones who should be leading the call for the delay.

There are seven untested items that contain DNA that could be dispositive of Skinner’s claim that he was falsely convicted.

The state has blocked that testing, noting that Skinner passed on a chance to have the testing done prior to his 1995 trial. That decision was made by Skinner’s trial lawyer, who, noting that other DNA tests on items found at the crime scene damaged his case, didn’t want further testing.

Now, Skinner — represented by the Capital Punishment Center at the University of Texas School of Law — wants Gov. Rick Perry to use his authority to delay the execution for 30 days and order the DNA testing. The Texas Board of Pardons and Paroles, in a 7-0 vote, on Monday recommended against a commutation or reprieve.

Can there be anybody who does not see the reprieve request as a harmless one that should be granted, especially because there is Texas precedent for it?

Jurors, working with testimony including some crucial portions later recanted, convicted Skinner of killing his girlfriend Twila Busby and her sons, Elwin Caler, 22, and Randy Busby, 20, at the Pampa home the four of them shared. Circumstantial evidence offered at the trial was tainted by seeming inconsistencies, including evidence showing Skinner was so incapacitated by drugs and alcohol that it was doubtful he could have stood up, much less kill three people (including the 6-foot-6-inch, 225-pound Busby).

“Evidence developed since Mr. Skinner’s trial raises the level of doubt to full-scale alarm that the jury’s verdict may very well have been wrong,” Skinner’s lawyers told Perry in a letter dated March 11 in which they offer a compelling interpretation of facts pointing to another possible suspect — now dead — with possible motive to commit the crime.

And, Skinner’s lawyers told the governor, DNA on the untested items could prove whether jurors erred.

“While Texans undoubtedly support capital punishment, they insist that it be reserved for those who are clearly guilty,” the lawyers told Perry.

In December 2004, Perry granted a 30-day reprieve for Frances Newton, a death row inmate who maintained her innocence in the shooting deaths of her husband and two children. Newton claimed that retesting of gunpowder residue from the crime scene would clear her.

It did not, and Newton was killed by the state in September 2005.

In granting the Newton reprieve, Perry wrote that “Justice delayed in this case is not justice denied.”

Perry is very familiar with the importance of DNA testing. He recently, as a result of DNA evidence, pardoned Tim Cole, who spent 13 years in prison for a rape the tests showed he did not commit. Sadly, as Perry noted, the pardon — the first posthumous one granted in Texas — came nine years after Cole died in prison.

Last Friday, Perry went to Fort Worth to present the pardon to Cole’s family.

“It means the world to me to be here today to look you in the eye and tell you that your son is pardoned,” Perry told Ruby Session, Cole’s mom. “I know that nothing that anyone in this room, this state, or this world can do could restore Tim to life, but we can state clearly, with the full weight of Texas law behind us, that your son was no criminal.”

By delaying the Skinner execution and ordering the DNA tests, Perry can make sure that no Texas governor ever has to apologize to Skinner’s family.

We agree with former Bexar County District Attorney Sam Millsap, who, weighing in on Skinner’s behalf, noted that “DNA evidence could show we’ve got the wrong man. … but the state inexplicably has blocked that testing for more than a decade.”

Millsap, in a column published in the Houston Chronicle, noted Skinner’s lawyers also have asked federal courts to delay the execution.

“But frankly, I’d rather see Texas clean up its own house on this one,” Millsap wrote. “Before we send a man to his death, shouldn’t we do everything in our power to be certain of his guilt?”

It is not a rhetorical question.

Our 2010 Anti-Death Penalty Alternative Spring Break was an enormous success. Thank you to all the workshop presenters, panelists, community members, organizations and students who participated, especially to the six innocent, death row exonerees (Shujaa Graham, Perry Cobb, Derrick Jamison, Ron Keine, Curtis McCarty and Juan Melendez) who spent the week sharing their stories with the next generation of anti-death penalty activists.

The alternative spring break is an excellent example of the innovative anti-death penalty organizing work being done in Texas. The organizations that are working together to do great work in Texas, such as organizing the alternative spring break, the annual March to Abolish the Death Penalty or the Lobby Days that we have  organized every legislative session since 2003, deserve greatly increased funding. If these effective Texas organizations had more funding the anti-death penalty movement in the entire nation would benefit.

Video of TV News Report on KTBC.

Ron Carlson Delivers Powerful Remarks at Capitol Rally. Ron Carlson, whose sister Debra Ruth Carlson, along with two others, was murdered with a pick-ax by Karla Faye Tucker and Daniel Ryan Garrett, speaking at Justice Rally March 18, 2010 during Anti-Death Penalty Alternative Spring Break.

One of the students participating in the alternative spring break contributed reports as a guest blogger on the Dallas Morning News Texas Death Penalty blog. James Tate is a student at The University of Texas at Dallas. You can read his report “Alternative Spring Break: The Issue Becomes Personal” and “Alternative Spring Break: Lessons in Activism“.

Yesterday was the second day of the Anti-Death Penalty Alternative Spring Break, and it was just as loaded as the first. As in most situations were there are large groups, students found their niche and relationships began to foster. Spring breakers were less nervous to ask questions and were much more eager to be a part of the process. It was interesting to take a step back and absorb fractions of conversations around the room. Some were amazed by the details of executions and the process, while others were outraged by the lack of determination and know-how by public defenders on these cases. However varied the opinions and ideals were in the room, it was evident that the light bulb had turned on. I suspect that it the real reason that we are here.

The day started off with a discussion on the religious views of the death penalty. Steven Crimaldi, National Director of Dead Man Walking Theater Project, captivated the room with a showing of the last ten minutes of the movie from which the play derived. A tearful Susan Sarandon walked behind a condemned to death inmate, played by Sean Penn. “I want the last face you see in this world to be one of love,” she whispered. Mr. Crimaldi, who in his work is very close with the real-life Sister Helen Prejean, said it was essential to director Tim Robbins that the audience be aware that this criminal did indeed commit the crimes to which he was found guilty. Flashbacks to the violent rape and murders are intertwined with the execution itself, and the girl sitting next to me turned her head away more than once. This scene validated a poignant argument for those opposed to the death penalty. Even though this man participated in barbaric acts, a stranger had found compassion and love in his goodness. It was a story of humanity – of redemption and salvation. And the State chose to kill him anyways. It was certainly a way to wake up the audience.

We were introduced to Mary K. Poirier, a mitigation specialist from the McCallister Law Firm. Her job is to create a life story of the defendant to be used by the defense. It is her responsibility to paint a picture of the defendant and his or her upbringing, social and economic environment, and other factors that might have played a role in the crimes that their clients have committed. Her findings, unfortunately, are only utilized after a guilty decision has been entered and is used in the trial deciding whether the defendant will get a life sentence or the death penalty. I had a moment to speak with her after her presentation and her work has a striking similarity to that of Erin Brockovich. She is not an attorney, and she owns that, but her efforts take her in the face of danger at times and she gets closer than most to the clients. She has a background in clinical social work and finds herself on a slippery slope of befriending the defendants and their close relationships to compose her stories. The room, and myself included, were quite inspired by her character and the work with which she is involved.

The finale to our day was certainly the most eye opening thus far. We were charged with the task of collecting signatures for a moratorium on the death penalty. Myself and my two partners were hopeful. We had naively concluded that parallel to our conference was the worldwide know SXSW Festival and we were sure to capture a collection of young, liberal artists and musicians. Our mission was to collect 50 signatures on our petition and we had two hours to complete our task. So we set out to an energetic 6th Street, where smiles were abundant and laughter floated throughout the air. Our strategy was to approach our enthusiastic passer-bys with a quick “how about saving a life” tag line. Our first encounter was a young man at a bus stop whose only reply was that were were basically wasting our time and, “we can’t do anything.” He wasn’t speaking to myself and my partners, rather he was speaking of citizens as a whole. We were little disappointed admittedly, but we pressed further. We engaged with people from all corners of the earth and our momentum picked up. We received everything from “Sure” to “I’d be happy to” to one “I love death”. Ultimately our efforts paid off and we achieved our goal of 50 signatures. Unfortunately when we returned back to campus, we were told that we had only received 35 valid signatures as some had left out their address or additional contact information. We weren’t disappointed however. We felt accomplished that we had broken the ice and had approached strangers with a purpose that is growing more and more personal to us. The climate is changing and I am sure that this experience will leave us forever changed.

Texas Matters from Texas Public Radio reports on Hank Skinner case. He is scheduled for execution on March 24, 2010 and maintains his innocence. His request for DNA testing of evidence that could clear him has so far been denied.

Click here to listen to the audio, including an interview with Hank Skinner as well as his attorney Rob Owen.