Edward Dawson, an attorney for District Attorney Lynn Switzer, whose office prosecuted Skinner’s capital murder case, said he was disappointed with the ruling but described it as “a pretty narrow decision on the procedural point.’’
“We think it left open the question of whether or not Skinner can actually get access to the evidence,’’ Dawson said. “I think there are some strong arguments that he ultimately may not be able to.’’
Like nearly every other state, Texas has a law that allows prisoners to have DNA testing on evidence long after their conviction. Skinner tried and failed twice to invoke the state law to get at the evidence. He then filed the federal lawsuit, saying that the state had deprived him of his rights.
Prosecutors have opposed the testing request, contending it wouldn’t prove anything, and branded the civil rights action an effort by Skinner to delay his punishment. He’s been on death row since 1995.
Justice Ruth Bader Ginsburg, writing for the majority, said inmates may use a federal civil rights law to seek DNA testing that was not performed before their conviction. The case now will be returned to a federal district court to consider whether Skinner’s claim has any merit.
Skinner, 48, was convicted of killing his girlfriend, Twila Busby, 40, and her two sons, Elwin “Scooter’’ Caler, 22, and Randy Busby, 20.
About three hours after their bodies were discovered, police found Skinner hiding in a closet in the home of a woman he knew. Tests showed blood of at least two of the victims was on him and a trail of blood led police from the bodies to his hiding place a few blocks away.
But other evidence was not tested at the time of Skinner’s trial, on the advice of his lawyer.
In other cases yesterday, the court:
