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Thread: Henry Watkins "Hank" Skinner - Texas

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    Henry Watkins "Hank" Skinner - Texas


    Twila Jean Ward Busby, Randy Busby and Elwin "Scooter" Caler


    Skinner upon arriving to death row


    Skinner shortly before his scheduled execution (2010)


    Skinner during an interview in May 2022


    Skinner before his death


    Summary of Offense:

    Skinner was convicted of fatally bludgeoning his girlfriend, Twila Jean Busby, 40, with an ax handle, then fatally stabbing her two mentally impaired sons, Elwin Caler, 22, and Randy Busby, 20, at their Pampa home on New Year's Eve in 1993.

    Skinner was sentenced to death in Tarrant County in March 1995.

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    May 15, 2008

    HOUSTON — A federal appeals court is allowing a death row inmate to appeal his conviction for killing a mother and her two children in the Texas Panhandle more than 15 years ago.

    Henry Watkins Skinner, 46, has won approval from the 5th U.S. Circuit Court of Appeals to pursue arguments that a police blood spatter report should have been used by his lawyers at his capital murder trial to bolster his defense.

    Skinner was convicted of fatally bludgeoning his girlfriend, Twila Jean Busby, 40, with an ax handle, then fatally stabbing her two mentally impaired sons, Elwin Caler, 22, and Randy Busby, 20, at their Pampa home on New Year's Eve in 1993.

    The New Orleans-based court, in granting what's known as a certificate of appealability, also agreed Skinner's trial lawyers should have called a woman as a defense witness to support his contention that another man was responsible for the slayings.

    "We express no view on how any claims should be be resolved," a three-judge panel of the court said in its ruling posted late Wednesday.

    Several other appeals claims were rejected, including one that sought additional DNA testing.

    At his 1995 trial, moved 300 miles southeast of Pampa to Fort Worth on a change of venue, the defense acknowledged Skinner was present at the time of the killings but said he was passed out on the couch from a combination of alcohol and codeine.

    In his appeal, Skinner said the blood spatter report suggests Caler was in the immediate vicinity of his mother at the time of her assault, meaning the murderer would have had to "fend off two live victims at the same time," according to court documents. Skinner insisted he was too incapacitated to commit the slayings.

    The appeals court said while the relevance of the blood spatter report "requires considerable speculation" to lead to a reasonable probability of an acquittal, "jurists of reason might disagree about the impact of the blood spatter report."

    The court also said a woman's testimony at a federal court hearing "offered strong circumstantial evidence to corroborate the defense theory" that the neighbor was the murderer. The woman did not testify at Skinner's trial.

    "Reasonable jurists could debate whether a reasonable attorney would have investigated further," the appeals court said.

    The case for years bounced between state and federal courts amid arguments over the proper venue for appeals. In 2000, it came under scrutiny because of a lack of forensic testing despite a wealth of evidence and questions about the behavior of Skinner's trial attorney, Harold Comer, who left his post as Gray County district attorney after improperly borrowing $10,000 from a drug seizure fund.

    Comer earlier prosecuted Skinner for car theft and assault. As a defense attorney, Comer couldn't object when prosecutors used those convictions as proof Skinner would be a future danger to society, one of the questions jurors must resolve when deciding on a death sentence.

    Prison records show Skinner, who worked as a paralegal, received a five-year term for car theft in 1988 in Gray County, was paroled a year and a half later to Harris County, but was returned to prison six months later for violating his parole. He was paroled again in late 1989 and discharged in May 1993, seven months before the triple slaying.

    He does not have an execution date.

    (Source: The Houston Chronicle)

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    July 16, 2009

    Appeal denied for condemned killer of 3

    HOUSTON -- A federal appeals court has rejected a Texas inmate's appeal to have his murder convictions and death sentence thrown out over the New Year's Eve, 1993, slaying of his girlfriend and her two mentally impaired sons.

    The 5th U.S. Circuit Court of Appeals, in a ruling posted late Tuesday, rejected 47-year-old Henry Watkins Skinner's argument that defense attorneys at his capital murder trial should have used a police blood spatter report to bolster his defense.

    Skinner was convicted of fatally bludgeoning Twila Jean Busby, 40, with an ax handle, then fatally stabbing her two mentally impaired sons, Elwin Caler, 22, and Randy Busby, 20. The killings occurred at their home in Pampa in the Texas Panhandle.

    The New Orleans-based court last year allowed Skinner's lawyers to advance an appeal of the blood spatter report claim after a federal district judge rejected a similar appeal.

    "We agree with the district court that Skinner has failed to demonstrate that the omission of the report was sufficiently prejudicial," the court wrote. "Even taking the report at face value, Skinner overstates its implications.

    Skinner argued the report showed that the blood on Elwin Caler came from his mother, suggesting someone other than Skinner was the killer. He also argued his trial lawyers failed to uncover evidence that another relative of the victims' was the killer.

    But the court ruled it was "not reasonably probable" that blood spatter evidence would have caused the trial jury to acquit Skinner.
    "There was ample evidence that Skinner was the murderer," the court said.

    Skinner's lawyers at his 1995 trial acknowledged he was present at the time of the killings but said he was passed out on the couch from a combination of alcohol and codeine and was too incapacitated to commit the slayings.

    Skinner's case came under scrutiny in 2000 because of the lack of forensic testing conducted during the investigation, despite a wealth of evidence, and questions about the behavior of Skinner's trial attorney, Harold Comer, who left his post as Gray County district attorney after improperly borrowing $10,000 from a drug seizure fund.

    Comer earlier prosecuted Skinner for car theft and assault. As a defense attorney, Comer couldn't object when prosecutors used those convictions as proof Skinner would be a future danger to society, one of the questions jurors must resolve when deciding on a death sentence.

    Prison records show Skinner, who worked as a paralegal, received a five-year term for car theft in 1988 in Gray County, was paroled a year and a half later to Harris County, but was returned to prison six months later for violating his parole. He was paroled again in late 1989 and discharged in May 1993, seven months before the triple slaying.

    Last November, Skinner was among numerous Texas death row inmates found contraband cell phones. An X-ray scan revealed a phone inside his rectum.

    He does not have an execution date.

    http://abclocal.go.com/ktrk/story?se...cal&id=6916777

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    On July 23, 2009, the Texas Court of Criminal Appeals denied Skinner's appeal from the denial of a motion for post-conviction DNA testing.

    Opinion is here:

    http://www.cca.courts.state.tx.us/OP...PINIONID=18770

    Execution date set for February 24, 2010.

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    January 28, 2010

    Case Open

    Twila Busby was Hank Skinner’s soul mate. “We just fell together. We just clicked, man,” he says. The two were hardly apart after they met at an Alcoholics Anonymous meeting. They would kiss in public and cuddled up on the couch to watch thrillers. They were “sick in love,” Skinner says through a telephone receiver behind a Plexiglas window on Texas’ death row unit in Livingston.

    A jury found that Skinner was so sick in love that, in a jealous rage, he strangled Busby, bashed in her head and face with an axe handle and then stabbed to death her two mentally disabled adult sons on New Years Eve 1993. He was sentenced to death for the three murders. His execution is scheduled for February 24.

    The 47-year-old doesn’t deny he was in the small house in the tiny West Texas town of Pampa on the night of the murders or that the blood on his clothes that night belonged to 41-year-old Busby and her sons. But Skinner and his lawyers say there’s no way he could have killed anyone; he was so loaded on vodka and pills that he was nearly comatose. They argue that his appointed trial attorney, a former district attorney who had previously prosecuted him for theft and assault, failed to adequately investigate other potential suspects. They insist Texas is about to execute an innocent man — and the state has evidence that could prove it.

    The night of the murders, police collected, among other items, clippings from Busby’s broken fingernails, a rape kit, two knives from the crime scene, a bloodstained dishtowel and a man’s windbreaker with sweat and hair on it, but most of it has never been DNA-tested. During Skinner’s trial, prosecutors tested some blood and hair from the scene, but not the fingernails, rape kit, knives, towel or windbreaker. Over the last decade, the state has fought Skinner in court to keep it that way. Prosecutors in Gray County and lawyers for the Texas Attorney General’s Office say Skinner had his chance at trial to test the evidence, but he declined, and the jury spoke; now it's time for him to face the consequences. “It’s already been handled,” Gray County District Attorney Lynn Switzer says. She’s the third DA in Pampa to deal with Skinner, who has sued her in federal court seeking to force release of the DNA. “He doesn’t need to keep trying it over and over and over again. It’s already been handled.”

    Skinner’s execution date approaches as Texas faces renewed scrutiny of its famously busy death row and the science used to convict the accused. Since 1973, just 11 death row inmates have been exonerated, according to the Death Penalty Information Center, while more than 440 have been put to death. The New Yorker last year touched off a national debate about how many of those killed might have been innocent by posthumously profiling Cameron Todd Willingham, who was executed in 2004 after a jury convicted him of killing his three young children by arson in 1991. Before Willingham was executed, according to the story, the state ignored expert reports contending that the fire may have been accidental and calling the method used to prove that it was arson "junk science." A Texas Observer story earlier this month revealed that a psychologist the state has relied on to test the mental capacity of more than a dozen death row inmates used faulty methods to boost IQ scores so the men could meet the legal standard for the death penalty. And in Dallas County, maverick District Attorney Craig Watkins has launched a Conviction Integrity Unit that has reviewed more than 400 cases in which DNA from the crime scene was still available to be tested and has discovered at least 15 wrongful convictions.

    In Skinner’s case, attorneys argue that prosecutors selectively used DNA testing to put a potentially innocent man on death row, and that the state is manipulating a 2001 law that allows post-conviction DNA testing to keep him on the path to the death chamber. “The case against him is not open and shut, it’s not ironclad,” says attorney Rob Owen, co-director of the University of Texas at Austin’s Capital Punishment Clinic. “And in a reasonable system, we ought to go the extra mile to rule out the possibility that he is an innocent man before going forward with the execution.”

    New Year’s Nightmare


    Skinner and Busby had plans that New Year’s Eve. They were supposed to go to a friend’s house together, but Skinner got his celebration started early. By the time the friend stopped by the house to get them, Skinner was already passed out on the couch. He was so intoxicated from a codeine and vodka cocktail that even when the friend yanked repeatedly on his arm and hollered at him, Skinner didn’t budge.

    So Busby went without him. Friends at the party said Busby’s intoxicated uncle, Robert Donnell, began stalking her there. The two had a predatory incestuous relationship, according to several people who have testified in Skinner's case. A private investigator who looked into Donnell’s past found a long criminal history, including convictions for vehicle theft, embezzlement and burglary. He had served prison time, usually carried a large knife and told stories about having killed a man in a pool hall fight in Oklahoma. Busby’s friends described him as “scary” and said she had called them several times over the years to protect her from his frightening advances.

    Agitated by Donnell’s come-ons at the party, Busby left for home — the last time anyone admits to having seen Busby alive. Donnell left the party shortly after, witnesses said, and there has never been a full accounting of his whereabouts that night.

    Neighbors called police just before midnight when Busby’s 22-year-old son, Elwin “Scooter” Caler, showed up on their porch in his underwear, bleeding from multiple stab wounds. Police followed a trail of blood back to Busby’s house and walked in on a grisly scene. She was sprawled on the living room floor, her face and head beaten to a pulp; blood was splattered across the room. Her other son, 20-year-old Randy Busby, lay dead in his bunk bed, stabbed three times in the back.

    Immediately, Gray County Sheriff Randy Stubblefield identified Skinner as the primary suspect. He sent deputies to look for him in the attic and called in a dog to sniff out a crawl space below the house. They arrested him blocks away hiding at a frightened former girlfriend’s house, blood on his clothes, a deep gash in his hand.

    The State’s Case


    Andrea Reed, the ex-girlfriend, was the state’s star witness during the 1995 murder trial in Fort Worth (it was moved because of the presumably prejudicial attention the crime received in Pampa). Reed said Skinner was an alcoholic and a drug user. A recovering addict herself, she had sponsored him and Busby in AA but tried to stay away from Skinner, she said, because he had fallen off the wagon.

    The night of the murders, she told jurors, Skinner showed up at her trailer house banging on the front door, intoxicated and disoriented, with blood on his clothes and his hand cut. He told her he had been shot in the gut and stabbed in the shoulder, chest and arm. He ordered her to stitch up his hand, she said, and threatened to kill her if she called the police. “I told him the only thing I had was fishing line. And he had to get the fishing line, and I brought the Ambesol to deaden it,” Reed testified. “And he kept heating and bending needles.”

    As Reed attempted to stitch his wound, Skinner told her wild stories about how he’d gotten injured. First he said he had been drinking vodka and smoking crack with Busby when “some Mexicans” came to the front door brandishing knives. At another point in the more than three hours he spent at her house, Skinner told Reed that he had caught Busby in bed with her ex-husband. He started to tell yet another story about a man breaking into the house, Reed said, but he didn’t finish that one. Then, after swearing her to secrecy, Skinner told Reed he thought he had killed Busby. “He said he thought he had kicked her to death,” she told the jury.

    John Mann, then the Gray County District Attorney, showed jurors DNA testing on blood that covered swaths of Skinner’s clothes, and on blood and hair from Randy Busby’s bedding and body. The DNA put Skinner in the house at the time of the murders. His bloody palm prints were also found at the scene.

    Though toxicology tests indicated Skinner had nearly lethal levels of drugs and alcohol in his system, the prosecution argued the habitual user had enough tolerance that he would have been capable of killing Busby and the boys. After all, he had the physical strength to walk several blocks to hide out at Reed’s house and the mental clarity to keep her from calling the police.

    The jury condemned Skinner to death in less than two hours.

    “Hellfighters”


    Skinner grew up in Virginia and moved to Pampa in 1981 after divorcing his first wife. He wanted a clean start and had heard good things about the oil business. “I’d seen [“Hellfighters”] with John Wayne, Boots and Coots, Red Adair and all that, you know. And so, man, I wanted to come out here to Texas,” he says. A jack-of-all-trades, Skinner says he made good money doing everything from welding to drywall and working on cars. He also did paralegal work for a local criminal attorney, helping out friends who'd gotten tossed in the clink. That, he says, is how he made enemies in the Pampa law enforcement community.

    Of course, his hard drinking and partying ways also caught the attention of local officials. He had a history of committing petty crimes and had been prosecuted for car theft and assault. “I look at everything as an opportunity, and I live life like an adventure," Skinner says. "Somehow or another, man, I irritate people with my lifestyle.” Police turned to him as a suspect in the murders because it was convenient, Skinner says, and “because I was a pain in their ass.”

    Skinner contends he was unconscious on the couch, still reeling from the effects of the liquor and the pills, when the murderer attacked his girlfriend and her sons. His blood alcohol content was .24 — three times the legal level of intoxication, .08. Toxicology tests showed Busby was also drunk at the time of the murder and that she struggled mightily, breaking her fingernails as she tried to fend off her attacker. And her boys, though mentally challenged, were physically huge. Caler was more than six-feet tall and weighed more than 220 pounds; Skinner is only five-eight. “This whole case is nothing but a pack of lies from the beginning to the end,” Skinner says.

    The way he tells it now, a bleeding and dying Caler managed to rouse him from his chemical-induced lethargy, probably by splashing water in his face. Startled, Skinner says he fell off the couch onto shards of glass from a light fixture the killer broke while wielding the axe handle against Busby. That’s how he got the cut. “It hurt me so bad I jerked my hand back, and when I did I fell the rest of the way,” he says, displaying the scar on the palm of his hand. “And when I was laying flat on the floor, that’s when I saw my girlfriend and what was done to her."

    With the ailing Caler propping him up, Skinner says, he left the house to look for help. Caler went to a nearby neighbor’s house, while Skinner headed for the party to get help from the men there. In his stupor, Skinner says he could only walk a few steps before he would fall to the ground. Then he would crawl and try to walk again, only to fall back down and crawl a little farther. He only made it as far as Reed’s house, he says.

    Skinner says Reed helped him willingly that night and that he never threatened her. And in a 1997 affidavit, Reed recanted her incriminating trial testimony. She claimed she was intimidated into testifying against Skinner by the police, who told her, she said, that she could face charges if she had helped him. She said Skinner didn’t threaten to kill her and was too intoxicated to carry out such a threat or to have murdered three people. “I believe that his statement about kicking Twila to death was just a drunken fantasy, like the other violent stories that he told me to explain how he was injured,” Reed wrote.

    Skinner has always proclaimed his innocence, but state and federal courts have rejected 15 years of his pleadings. Still, as his execution date draws near, Skinner and his advocates continue to wage a legal fight for additional DNA testing. Only then, they say, will Texas know whether Skinner or a third person was the real killer. “They have no right to kill me,” Skinner says, “because I’m innocent, innocent, innocent.”

    http://www.texastribune.org/stories/...d-man-balking/

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    February 17, 2010

    Texas inmate set to die next week wins reprieve

    A man set to die next week for a triple slaying in the Texas Panhandle has had his execution date put off for a month.

    47-year-old Henry Watkins Skinner faced lethal injection Feb. 24 for the 1993 New Year's Eve killings of 40-year-old Twyla Jean Busby and her 2 grown sons at their trailer home in Pampa.

    A state district judge in Gray County reset Skinner's date Tuesday to March 24 to resolve what lawyers said was a legal technicality with the original death warrant.

    Skinner has maintained his innocence and is trying to get new DNA testing on crime scene evidence he says could exonerate him. Courts have refused his request over the years and he has taken the issue to the U.S. Supreme Court.

    http://people.smu.edu/rhalperi/updates.html

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    March 2, 2010

    The U.S. Supreme Court on Monday refused to hear the case of Texas killer Henry Skinner, sentenced to die March 24 for the bludgeoning death of his live-in girlfriend and the fatal stabbings of her two adult sons.

    The Pampa case has generated national furor in anti-death penalty circles after an investigation by student journalists from Chicago’s Northwestern University uncovered evidence they believe suggests Skinner may be innocent.

    Skinner, 47, was convicted for the 1993 New Year’s Eve deaths of Twila Busby, 41, and her sons, Elwin Caler, 22, and Randy Busby, 20. Twila Busby was strangled and beaten on the head at least 14 times, probably with an ax handle.

    The court declined the case without comment.

    Skinner’s petition asked the judges to review the manner in which the U.S. Court of Appeals for the Fifth Circuit analyzed his claim of insufficient counsel. It also sought review of the court’s ruling knocking down Skinner’s claim that his lawyers failed to adequately investigate another possible suspect in the case.

    Pending before the high court is a second petition asking that unanalyzed crime scene evidence be subjected to DNA testing.

    Skinner’s lead attorney, Robert Owen of the University of Texas’ Capital Punishment Center, said the condemned man’s hope now rests on the DNA issue and a new appeal filed Monday in state court. In Pampa, Gray County District Attorney Lynn Switzer could not be reached for comment.

    According to trial testimony, Skinner had consumed large amounts of vodka and codeine and was unconscious at his home when a friend arrived at 10:30 p.m. to take the couple to a party. Busby went to the party without him, but within 30 minutes — after encountering an inebriated uncle who made sexual advances — asked to be taken home.

    Police were summoned to a neighbor’s house at midnight, where they found the wounded Caler, who died without naming his assailant. At Skinner’s house, they found Busby’s body on the living room floor; her younger son’s in his bed.

    Three hours later, Skinner was arrested at a friend’s residence four blocks away. Intoxicated, his clothes soaked in blood, Skinner told the woman varying stories of what happened. At one point, he admitted he might have killed his girlfriend. He threatened to kill the woman if she called police.

    The woman later recanted her testimony, but judges found her later story unconvincing. They also found that a defense toxicologist’s testimony that Skinner was too drunk to kill his victims lacked credibility.

    Tracing leads Skinner’s own attorneys failed to follow, students from Northwestern’s Medill School of Journalism interviewed the widow of Busby’s uncle, Robert Donnell, an ex-convict with a violent temper and a reputation for abusing women. They also interviewed for the first time a neighbor who told them she saw Donnell cleaning his truck days after the murders.

    In federal appeals, Skinner argued his trial lawyers failed to sufficiently investigate Donnell even though shifting blame to the uncle was a foundation of their defense strategy.

    Fifth Court judges dismissed the claim, saying Skinner’s lawyers had no way of knowing of the neighbor’s existence. The judges reached that decision, Skinner argued in his Supreme Court petition, even though his former lawyers could not explain to the court their reason for not investigating Donnell more thoroughly.

    Donnell now is dead.

    Questions raised concerning Skinner’s guilt also center on how authorities tested evidence collected from the crime scene.

    Initially, DNA testing was ordered for Skinner’s blood-stained clothing and items on or near Randy Busby’s body. Skinner’s clothing was caked with his blood and that of Twila Busby and her older son.

    Only at the insistence of Medill professor David Protess did authorities test hair found in the dead woman’s hand. The hair was positive for Skinner’s DNA.

    Other items, including a rape kit, material beneath the dead woman’s fingernails, blood on knives and hair on a jacket — possibly Donnell’s — found at the scene never have been tested.

    http://www.chron.com/disp/story.mpl/...n/6892214.html

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    March 16, 2010

    Lawyers make last bid for man convicted in Panhandle slayings

    With their client's execution for a triple homicide set for next week, Henry Skinner's lawyers are making a last bid to have so-far unexamined evidence — bloody knives, a rape kit, fingernail scrapings — subjected to DNA testing.

    But attorneys for the prosecutor filed paperwork Monday asking U.S. Supreme Court justices not to review the case, arguing that such testing could not prove innocence.

    The case of Skinner, set to die March 24 for the 1993 Pampa murders of his girlfriend, Twila Busby, and her two adult sons, has created furor among death penalty opponents who argue that Skinner was railroaded to death row.

    Earlier DNA testing revealed clothing Skinner wore the night of the killings was caked with the blood of Busby and her older son. Testing of hair in Busby's hand, done at the insistence of a Chicago journalism professor, was positive for Skinner's DNA.

    The bodies of Busby, strangled and bashed 14 times in the head with an ax handle, and her fatally stabbed sons, were found in or near the home they shared with Skinner in the Panhandle town.

    Skinner has argued that he was unconscious at the time of the killings after consuming alcohol and codeine.

    Skinner's lead attorney, Rob Owen of the University of Texas Capital Punishment Center, asked the high court to review lower court decisions that prohibited him from seeking additional DNA testing as a civil rights claim.

    Owen asked Supreme Court justices to resolve the discrepancy between five federal courts of appeals who would consider civil rights claims for DNA testing and two, including the U.S. Court of Appeals for the Fifth Circuit, who would not. The Fifth Court upheld a lower court ruling that rejected Skinner's civil rights claim.

    Earlier this month, the Supreme Court refused to review the manner in which the Fifth Court had analyzed — and ultimately denied — Skinner's claim of insufficient counsel.

    In his new petition, Owen called for DNA testing of vaginal swabs taken from Busby, Busby's fingernail clippings, two bloody knives, a dish towel possibly stained with blood and a windbreaker found at the murder scene.

    Skinner's lawyers believe the windbreaker might have belonged to Busby's uncle, a man they think might have committed the murders.

    Skinner has sought DNA testing of the items since 2000, Owen wrote.

    http://www.chron.com/disp/story.mpl/...n/6914752.html

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    On March 17, 2010, Skinner's application for subsequent writ of habeas corpus and stay of execution was denied by the Texas Court of Criminal Appeals.

    Opinion is here:

    http://www.cca.courts.state.tx.us/OP...PINIONID=19416

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    March 17, 2010

    The Texas Court of Criminal Appeals has refused to halt the scheduled execution next week of a man convicted of a triple slaying in Pampa in the Texas Panhandle more than 16 years ago.

    The state's highest criminal court Wednesday denied a request from 47-year-old Hank Skinner to stop his lethal injection, set for March 24 in Huntsville.

    Skinner contends he's innocent of fatally bludgeoning 40-year-old Twila Busby and fatally stabbing her two adult sons, 22-year-old Elwin Caler and 20-year-old Randy Busby. They were killed at their home on New Year's Eve in 1993.

    Skinner and his attorneys want additional time to test evidence for DNA they say could prove he's not the killer.

    Skinner says he couldn't have committed the murders because when they occurred, he was passed out on a couch, sick from alcohol and codeine use.

    http://www.chron.com/disp/story.mpl/ap/tx/6917021.html

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