The U.S. Supreme Court on Monday ruled in favor of a man that the Medill Innocence Project has worked for 10 years to free from death row.
In a 6-3 vote, the court found that Henry “Hank” Skinner, a 48-year-old Texas man who came within 47 minutes of execution a year ago, has the right to request testing of DNA evidence that may prove he is innocent.
The decision, which applies to all convicts seeking DNA testing, does not guarantee the evidence will be tested. But it does mandate that the ability to pursue testing is a civil right.
The case marked the first time that the high court has taken up a case involving a “heavy” amount of Innocence Project reporting.
“I’ve been waiting for this day for 11 years. It’s the longest project I’ve ever been involved in,” said Medill Prof. David Protess, the director of the Innocence Project. “But that time pales in comparison with time Hank Skinner spent on death row for a crime he may not have committed.”
Skinner was convicted of murdering his live-in girlfriend, Twila Busby, and her two adult sons in their home on New Year’s Eve 1993. Initial DNA testing proved Skinner was at the scene of the murder in Pampa, Texas.
But additional DNA evidence indicated that he may be innocent. Prosecutors have refused to test all of that evidence, a move that Skinner fought under civil rights law.
His legal brief relied heavily on evidence gathered by 12 NU alumni over a decade of work. Skinner and the Innocence Project claim the real killer is Busby’s uncle, Robert Donnell, who has since died.
The decision, written by Justice Ruth Bader Ginsberg, makes clear the ruling is not about Skinner’s guilt or innocence
“While test results might prove exculpatory, that outcome is hardly inevitable,” Ginsburg wrote.
The three dissenters, Justices Clarence Thomas, Anthony Kennedy and Samuel Alito, argued that the decision would invite a flood of lawsuits related to admission of additional evidence.
Ginsberg said those fears were “unwarranted.”
Skinner learned of the verdict Tuesday morning from his attorney, Rob Owen. He was “elated,” Owen wrote in an e-mail that Protess shared with students.
It could be a busy week for the Innocence Project, as Illinois Gov. Pat Quinn is expected to announce his decision about a bill passed by the Legislature that would permanently abolish the death penalty in the state. The Innocence Project played a large role in the original moratorium on the use of the death penalty, put into place by Gov. George Ryan in 2000.
The project has also been under scrutiny recently after allegations by prosecutors that students engaged in unethical conduct while investigating the conviction of Anthony McKinney.
“To get a victory before the U.S. Supreme Court and to play a role in a ban on the death penalty in Illinois would make it a very good week both for justice and the Medill Innocence Project,” Protess said. “We just keep plugging along, trying to make a positive difference in the world.”
