Saturday, July 28, 2018

Why No Relief For Persecuted Texan Hank Skinner Under Texas 2009 Chabot Legal Decision ?

Everyone involved with the legal horror concerning  persecuted Texan Hank Skinner,knows the only witness to testify against him in court,has gone on the record publicly,admitting she lied against Me Skinner in court,due to police intimidating her to believe she would go to prison for the murders,if she did not show up to falsely
testify ..

Michael Hall with Texas Monthly explains that “Relief under a 2009 Texas Court of Criminal Appeals decision, Chabot, where the court ruled that if a witness lies about a material fact, even if the prosecution didn’t know it was a lie, this is such a major violation of the defendant’s due process rights that he or she is entitled to have the conviction thrown out.”

Friday, July 27, 2018

Pope Francis,Texas Has It down To A Science,How to Execute Innocent Americans..

State Sponsored Murder Comes Natural For Texas Governor Greg Abbott..
     

Surprised? Texas Governor Greg Abbott when State Attorney General,even attempted to execute-murder Hank Skinner without DNA tests on any of the court evidence. Our U.S. Supreme Court forbid Mr Skinner's state sponsored murder at that time.



What Sent Texas Man to Prison for 30 Years?
Bad Science,Panel Says

By Pamela Colloff

July 24, 2018

NYT.   http://www.care2.com/go/z/e/A_G0_/zoyY/dEN5j


An influential state commission said the blood-spatter analysis used to convict a former Texas high school principal of murdering his wife in 1985 was “not accurate or scientifically supported” and the expert who testified was “entirely wrong.”

The findings of the Texas Forensic Science Commission, a national leader in forensic science reform, called into question the conviction of Joe Bryan, who has now spent more than 30 years in prison.

Mr. Bryan was the subject of a two-part investigation by ProPublica and The New York Times Magazine in May that questioned the accuracy of the bloodstain pattern analysis used to convict Mr. Bryan, as well as the training of the experts who testify in such cases.

The findings, which were released during a commission meeting Friday, give fresh urgency to the pleas of Mr. Bryan, now 77 and in poor health, for a new trial. Mr. Bryan had been attending a principals’ convention in Austin, 120 miles from where the murder occurred, in the days surrounding the murder. He has always maintained that he was in Austin, asleep in his hotel room, at the time of the crime.

Created by the Texas Legislature in 2005, the commission — made up of seven scientists, one prosecutor and one defense attorney — does not investigate the guilt or innocence of defendants, but rather the reliability and integrity of the forensic science used to win their convictions. Earlier this year, its inquiry into the Bryan case broadened into a re-examination of bloodstain-pattern analysis, a forensic discipline whose practitioners regard the drops, spatters and trails of blood at a crime scene as clues that can sometimes be used to reverse-engineer the crime itself.

The commission examined the training of some of the discipline’s practitioners, who have been admitted as expert witnesses in courts around the country despite having completed no more than a weeklong course in bloodstain interpretation.

Robert Thorman, a police detective from Harker Heights, Tex., with 40 hours of training in bloodstain-pattern analysis, was a key prosecution witness in the Bryan case. His testimony about a blood-speckled flashlight found by the victim’s brother in the trunk of Mr. Bryan’s car four days after the murder was the linchpin of the prosecution’s case.

Yet what connection the flashlight had to the crime, if any, was never clear. In 1985, a crime lab technician working before the advent of DNA analysis determined the blood on the flashlight to be type O, which corresponded not only to Mr. Bryan’s wife, Mickey, but also to nearly half the population.

To secure a guilty verdict, prosecutors needed to tie the flashlight to the crime scene. Based on his assessment of photographs of the flashlight, Mr. Thorman testified that the flecks of blood on its lens were “back spatter” — a pattern that indicated a close-range shooting. With the help of prosecutors, he wove a narrative that suggested the flashlight had been present at the crime scene — specifically, that the killer was holding the flashlight in one hand at the time that he shot Mickey Bryan.

At Friday’s meeting in Austin, bloodstain-pattern analyst Celestina Rossi provided a highly critical assessment of Mr. Thorman’s interpretation of both the crime scene and the flashlight. “Thorman’s testimony was egregiously wrong,” Ms. Rossi said after the meeting. “If any juror relied on any part of his testimony to render a verdict, Mr. Bryan deserves a new trial.”

After the publication of the story by ProPublica and The New York Times Magazine, the Texas Forensic Science Commission asked Ms. Rossi, a locally prominent bloodstain-pattern analyst, to re-examine the case. The commission had previously retained another analyst, whose findings about the complex case were brief and did not fully answer the commission’s questions.

Ms. Rossi’s assessment, which was based on more than 60 hours of research and analysis, supported and expanded upon many of the article’s findings about Mr. Thorman’s work.

[Who killed Mickey Bryan? Read Part 1 of our investigation with ProPublica.]

Ms. Rossi found that the detective misstated scientific concepts, used flawed methodology and incorrectly interpreted evidence. Both his analysis and his expert testimony were not scientifically accurate, she told the commission, and could not be supported by published research or data.

Among the erroneous claims that Mr. Thorman made on the stand, Ms. Rossi found, was his contention that blood evaporated after traveling 46 inches through the air. He also testified — incorrectly — that “human blood has its own characteristic geometric patterns.” Neither of these assertions pertained directly to the evidence in the case, but they showed Mr. Thorman’s fundamental lack of understanding of basic scientific principles, she said.

Most significantly, Ms. Rossi dismantled the prosecution’s single-most important contention: that the blood-spattered flashlight was present at the crime and held by the killer. Ms. Rossi determined that the dark-brown flecks on the flashlight did not “radiate back in a radiating pattern” as they would in “a back-spatter event.” In other words, the bloodstains were not consistent with a close-range shooting.

Mr. Thorman, who is now retired, declined to comment on Ms. Rossi’s findings, explaining that he would wait to do so until the commission releases its final report in October. But, he said, “I did what I was trained to do.”

Ms. Rossi’s findings carried particular weight because she is a law enforcement officer, not a paid expert retained by the defense. A veteran crime scene investigator with the Montgomery County Sheriff’s Office crime laboratory in Conroe, Tex., north of Houston, Ms. Rossi frequently testifies as a prosecution witness in trials around the state. She was recently appointed to a working group overseen by the National Institute of Standards and Technology that is charged with strengthening standards across the discipline.

Ms. Rossi’s analysis of the Bryan case was not the only setback to the prosecution. Lynn Garcia, the commission’s general counsel, said that Patricia Almanza, a state crime lab technician who testified extensively about blood and trace evidence in the case, had repeatedly made assertions that went beyond her fields of expertise. In response to questioning by a prosecutor, Ms. Almanza had given her opinion about the characteristics of blood spatter, though she was not qualified to do so, and gave an opinion about fiber evidence that she had not tested.

Ms. Almanza, who now goes by the name Retzlaff, could not be reached for comment.

But perhaps the biggest blow to Adam Sibley, the Bosque County district attorney, who has so far successfully blocked Mr. Bryan’s efforts to have DNA analysis performed on previously untested evidence, was Ms. Garcia’s suggestion that the commission may recommend that DNA testing proceed when it issues its final report. (Doing so would require the district attorney’s office to abandon its appeal of a 2017 court ruling, which had ordered testing to begin.) This testing would include further analysis of the flashlight. In 2012, a test for the presence of blood on the lens was performed but came back negative.

Mr. Sibley listened attentively throughout the presentation on Friday, which took place in a conference room at the Texas Supreme Court that was crowded with forensic scientists, attorneys and Texas Rangers. A justice from the Texas Court of Criminal Appeals, the court that will ultimately decide whether Mr. Bryan is granted a new trial, also watched the presentation.

Mr. Sibley declined to comment on the Bryan case, citing ongoing litigation. But the commission’s preliminary findings, announced in a public hearing attended by some of the state’s foremost jurists and forensic scientists, may make it harder for him to justify his ongoing efforts to prevent further DNA testing.

The next chapter in the Bryan case will begin on Aug. 20, when a three-day evidentiary hearing will take place in the district court in Comanche, Tex. Mr. Bryan’s attorneys, Walter Reaves and Jessica Freud of Waco, will present witnesses and evidence to support their argument that Mr. Bryan should be granted a new trial. The presiding judge will then make recommendations to the Texas Court of Criminal Appeals, whose justices will be the final arbiters.

Regardless, the Bryan case has already spurred forensic science reform. In February, the commission sought to end the practice of allowing law enforcement officers with minimal training in bloodstain-pattern analysis to testify in Texas, stipulating that such analysis must be performed by an accredited organization if it is to be allowed in court.



The decision is expected to prompt other states to follow suit, as the commission’s reforms often do.

As for the Bryan case, the consensus among observers on Friday was that the prosecution’s job of defending the decades-old conviction had become far more difficult. The Bosque County district attorney’s office’s insistence on doing so, particularly in light of the commission’s findings, “continues to defy logic and pervert justice,” Ms. Freud said. “If the state had to try this case tomorrow, it would be nearly impossible to secure a conviction.”



Pamela Colloff is a senior reporter for ProPublica and a writer at large for The New York Times magazine.

Tuesday, July 24, 2018

Drill Baby Drill Is The Texas Version,You Have To Ask Vladimir Putin for The Russian Version..

We believe there was a secret plan by Texas Big Oil and Russia, to get Donald Trump elected U.S. President in 2016, so both countries could then open up the Artic for oil and gas exploration$$..   


Majority of American voters think Putin has dirt on Trump https://nyp.st/2uPlzti


Majority of American voters think Putin has dirt on Trump

John Roberts,Ted Cruz Texas Violated U.S. Supreme Court's Arizona vs Youngblood

Frightening,two of the most critical pieces of Hank Skinner's exoneration court evidence in Texas law enforcement's possession,simply vanished,and Texas wants to execute~ murder Mr.Skinner as if that evidence never existed to begin with.
 
https://youtu.be/HdidvKSNAeE

Texas claims the bloody jacket left behind (by the real murderer) at the crime scene with splattered blood on it, got "lost". The bloody hand print (on the glass door window of the real murderer) preserved in masking paper as future evidence to be DNA~fingerprint tested in the lab,was destroyed,in direct violation of the 1988 U.S. Supreme Court Arizona vs Youngblood ruling.

Hank Skinner's Persecution in Ted Cruz Texas, is blatant!
The front storm glass showed a bloody palm print, which was preserved when the door was removed. The glass was covered with masking paper but while it was stored in the evidence vault at the county sheriff's office, someone cut a square lap in the masking paper and used a razor blade to scrape the print off the glass.


Arizona vs Youngblood the 1988 U.S. Supreme Court Decision:
The Supreme Court held that there was no constitutional violation in this case. In the Court's holding, it stated: "[w]e therefore hold that unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law."[1] The Court relied on United States v. Marion, 404 U.S. 307 (1971), United States v. Lovasco, 431 U.S. 783 (1977), and other cases for its reasoning.



Robert Redford Reveals "The Sting" TX Gov Greg Abbott's Demons Pulled on Hank Skinner


Texas political prisoner Hank Skinner has waited 20+ years for a caring heart to finally set the record straight on his innocence. We thank movie producer Robert Redford for having the heart of a lion.

How can Texas Governor Greg Abbott's demons get away with first attempting to murder-execute Hank Skinner without any DNA tests, followed by the destruction of the man's most crucial DNA exoneration evidence, and still want to execute-murder him, as if that crucial evidence never existed?

 https://youtu.be/HdidvKSNAeE

An unidentified persons fingerprint found on  a plastic bag containing one of the murder weapons , along with the only witness that testified in court against Hank Skinner admitting publicly, that she lied due to police intimidating her with threats of going to jail herself,makes one really frightened about the amount of influence Greg Abbott's Demons have over his rationality in making decisions?

https://youtu.be/HdidvKSNAeE
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Hank's Case Today: The DNA Issue
justice4hank.org

During the year 2000, David Protess, professor of journalism at the Northwestern University of Illinois, and his students conducted two independent investigations on Hank's case. The questions, evidence and witnesses brought up through those investigations raised elements that were not brought up at his trial or through any prior investigation. The district attorney, John Mann decided at that point and under the pressure of the media, to have the evidence tested. He announced through the local press "I'm going to test it all and see if I can't put a few more nails in that man's (ie. Hank's) coffin". Mann arranged for the test without any Court oversight or agreed-upon protocol despite the repeated requests and protests from Hank's attorney, Doug Robinson. At the end of the year 2000, Mann triumphantly told the press that the lab had reported to him that its DNA tests showed that Hank was the source of hairs found clutched in Twila's right hand and blood found on one of those hairs. Mann declared these results to be "end of story".

However, Mann's reports to the press turned out to be false. After he left office, he could no longer control, or fabricate, public dissemination of information about the DNA. In February 2001, the lab submitted to the new district attorney, Richard Roach, written reports that it had prepared to Mann's requests. Those reports state the following:

the blood found on the hair in Ms Busby's hand was her own and not that of Mr. Skinner.
the mitochondrial DNA profile of the other hair found in Ms Busby's hand was "inconclusive" but Mr. Skinner was "excluded as potential contributor" of either hair.

The lab reports were more consistent with Hank's innocence than his guilt. Despite Mann's claim that he would have ALL the evidence tested, very little has actually been tested so far or if it has, no reports have been published or handed to Hank's attorneys.

In the year 2000, John Mann ran a 7 months long smear campaign against Hank from July to December with headlines in the Pampa and Amarillo newspapers such as "D.A. to test evidence - expects hairs 'clutched' in victim's hand came from head of Skinner"; "DNA tests results due next month - D.A expects tests will show hair came from Skinner"; "DNA test results point to Skinner"; "D.A. receives lab results from previously untested evidence"; "Reactions mixed to Skinner DNA Tests"; "Release of DNA results upsets lawyer-The Washington attorney now criticizes the local D.A.'s release of DNA test results that indicate Skinner's bloodstained hair (was) found in the murdered woman's hand"; "Report reveals hair in victim's hand belonged to Skinner, D.A. says - In all the sampling there has been no DNA from any third person"; "Mann: DNA tests target Skinner" and more, all in this vein.

One would have to wonder why John Mann would choose a private lab to do the testing at $8000-$12000 cost to county taxpayers when he could have gotten the state's DPS lab to do it for free. The answer lies with GeneScreen's MT DNA analyst William "Bill" Watson. Houston/Harris County Capital Crimes Division Assistant District Attorney Kelly Siegler had a fondness for Watson and used him in most of her death penalty prosecutions because Watson was well known for giving prosecutors the results they wanted. Just as panhandle pathologist Ralph Erdmann M.E. gave Lubbock D.A. Travis Ware "made to order" autopsy results, maybe Bill Watson gave John Mann "made to order DNA test results"? This could explain why the news stories quoted Mann as saying he "expects" certain results. Indeed, maybe the fix was in, Mann expected GeneScreen to deliver (pseudo) inculpatory test results against Hank? The truth is, none of the tested hairs 'clutched' in the victim's hands belonged to Hank Skinner but instead to an unknown third party! Once the Court forced GeneScreen to turn over to the defense all hardcopy data related to their testing and once that data was examined by a competent, neutral analyst, GeneScreen's "misinterpretations" became glaringly apparent. Based on this evidence, Hank's attorneys have once again renewed their motion for discovery to DNA test the six items of evidence listed at the beginning of this section.

Beside the DNA issue, there are two forensic avenues which need to be explored urgently in order to scientifically assess Hank's physical capabilities at the time of the crime. One is toxico-kinesiology to analyze the combination of alcohol and codeine in Hank's blood in relation to how it affected his coordination and movements in order to establish a precise physical profile. The second is bio-mechanic to cross reference his recent (at the time of the crime) palmar injury, that drastically handicapped his right hand, in relation to the forensic findings on Twila's strangulation which required equal strength in both hands as well as immense strength overall.

As it can be easily noted from the legal decisions in this case from February 2007 until July 2007, it is clear that the state of Texas is railroading this case at an increasingly fast pace. The following outline demonstrates, once again, why only a combination of excellent legal work and strong outside support will force the truth in the open and save Hank's life:

Hank's physical condition at the time of the crime and hours afterward demonstrate his allergic reaction to codeine combined with alcohol and left him near comatose, rendered him incapable of the dexterous and agile performance required to precisely club and stab the victims. Twila was hit 14 times in the head with an axe handle. Her sons were each stabbed in the heart area in tightly grouped patterns. The defense toxicologist, the FBI's Dr William Lowry, has no doubt Hank was in no state to even stand unassisted, let alone to club and stab three people in a minute and a half. Notwithstanding the fact that Dr Lowry was not even told about Hank's allergy to codeine which is well documented in his medical records since age 17. This failure by Hank's trial counsel allowed the D.A. to argue at trial that instead Hank was a chronic drug user who had incredible tolerance that allowed him to commit the crimes despite his condition at that time. The truth lies is his allergy rendered Hank virtually inoperable. Dr Lowry has since the trial given an affidavit attesting to this medical fact.

Twila was strangled unconscious before she was murdered by hands so strong hat they left finger indentations in her skin and broke the bones in her neck. At the time of the crime Hank was recovering from a palmar injury to his right hand, which nearly severed his thumb. The wound had become infected and had to be operated on, resulting in a loss of 30 to 35% of muscle mass and a loss of 50% strength in that hand. At the time of the crime Hank could barely hold a hairbrush to groom himself. Hank is right-handed and likewise could not have wielded the knives or club-axe handle.

Despite the availability of genetic materials from the crime scene (nail clippings, rape kit, two knives, bloody kitchen towel and a man's XLG 44-46 jacket found beside Twila's body), none of these items were DNA tested prior to trial. In 2000 Illinois Professor David Protess conducted an extensive investigation into Hank's case and uncovered evidence of Hank's innocence.

Despite the promise made by the State of Texas to David Protess, Bryson Hull an Associated Press journalist and to Maureen Maher of CBS News to have all evidence DNA tested, until 2012, the motions filed to obtain those tests have been denied or ignored.

On of the purported murder weapons, one of the two knives found at the crime scene, was in a plastic trash bag containing a handprint, which does not belong to Hank.

Footwear impressions (large boot prints) found in the blood pooled around Twila's head and leading out to the front door and across the porch were not investigated for origin. Hank wears a size 9-9 ½ and owned only tennis shoes and dress shoes. The night of the crime, Hank was only wearing socks. These boot prints are at least size 11-12.

Fresh blood drops take off the sidewalk by the front door of the house have been DNA tested and shown to belong to an unknown male individual.

The front storm glass showed a bloody palm print, which was preserved when the door was removed. The glass was covered with masking paper but while it was stored in the evidence vault at the county sheriff's office, someone cut a square lap in the masking paper and used a razor blade to scrape the print off the glass.

Robert Donnell, Twila's maternal uncle, had a history of violence and was seen stalking Twila at a neighbor's New Year's Eve party on the night of the crime. Donnell had twice raped Twila in recent past and was known to have a propensity for knives. Twila was found dead with her pants unzipped and her blouse was pulled up high on her chest. The medical examiner testified her private parts were reddened and chafed. When Twila left the party, Donnell followed five minutes later and was never called to account for his whereabouts at the time of the crime. After Donnell finally got home and when told of the deaths of his niece and great nephews the next day at 5:00am, he showed no reaction but took his truck into the front yard, pulled out the seats and interior, scrubbed it all out with a brush and hose, replaced the carpets, then repainted the exterior. Later, a neighborhood child identified Donnell's truck as having been at the crime scene at the time of the crime but police never questioned Donnell. In 1997, he was killed in a drunken auto accident.
Hank deserves justice and justice demands the truth.

justice4hank.org