Latest / Wrongful Conviction / #268 Maggie Freleng with Hank Skinner
Transcript
- 0:00Speaker 1: Maggie, what did you take away from your recent visit
- 0:04Speaker 1: to death Rout? Was there something surprising or you know,
- 0:09Speaker 1: was it kind of what you expected?
- 0:12Speaker 2: I mean, I think I was surprised that the person
- 0:14Speaker 2: I was visiting is still in good spirits after having
- 0:19Speaker 2: multiple stays of execution, being within twenty minutes of being
- 0:23Speaker 2: killed by the state, having that last meal, the fact
- 0:28Speaker 2: that he can still smile, make jokes, be excited for life.
- 0:34Speaker 3: Still.
- 0:35Speaker 4: I don't even know how to put into words the
- 0:36Speaker 4: way that it.
- 0:37Speaker 2: Made me feel, but I think it made me feel
- 0:39Speaker 2: like so many of my problems in a daily basis
- 0:42Speaker 2: are so insignificant, and I think that was just so.
- 0:47Speaker 4: The willpower is amazing.
- 0:53Speaker 5: Well, tex is crazy and they've tried to kill me
- 0:57Speaker 5: five times, so I believe that they were very serious
- 1:02Speaker 5: about that. But I think with the evidence we have
- 1:05Speaker 5: now that there's no way they're going to have to
- 1:10Speaker 5: let me go, and they're going to have to acknowledge
- 1:12Speaker 5: that I'm innocent.
- 1:13Speaker 6: I don't see any other way.
- 1:18Speaker 4: From Lava for good. This is wrongful conviction with Maggie
- 1:21Speaker 4: Freeling today Hank Skinner on December thirty first, nineteen ninety three,
- 1:37Speaker 4: thirty one year old Hank Skinner was pregaming for a
- 1:39Speaker 4: New Year's Eve party. He was with his girlfriend of
- 1:42Speaker 4: seven months, forty one year old Twila Busby, and her
- 1:45Speaker 4: two adult children, Scooter and Randy. Hank passed out before
- 1:51Speaker 4: ten PM from a potent combination of vodka, codine, and xanax.
- 1:56Speaker 4: Despite his condition, Twila left for the party without him.
- 1:59Speaker 4: When she turned she was strangled and bludgeoned to death.
- 2:02Speaker 4: Her two sons were stabbed to death. Hank was the
- 2:06Speaker 4: sole survivor and was instantly the prime suspect, despite evidence
- 2:11Speaker 4: that Hank was incapable of committing these murders and that
- 2:14Speaker 4: another more probable person of interest exists. Hank has spent
- 2:19Speaker 4: nearly thirty years on Texas death row awaiting execution.
- 2:26Speaker 6: I'm sixty years old.
- 2:27Speaker 5: I've spent my whole, the best years of my life
- 2:30Speaker 5: in here, from thirty to sixty.
- 2:34Speaker 6: I want out of here. I shouldn't be here. I
- 2:36Speaker 6: never should have been here to start with.
- 2:52Speaker 4: Hank Skinner was born on April fourth, nineteen sixty two.
- 2:56Speaker 4: He's the oldest of four kids.
- 2:58Speaker 6: I'm from Virginia, Okay.
- 3:00Speaker 5: I was born in the foothills of the Blue Ridge
- 3:03Speaker 5: Mountains in Franklin County, Virginia, which is the moonshine capital
- 3:07Speaker 5: of the United States.
- 3:09Speaker 4: His dad was part of the local industry. He was
- 3:11Speaker 4: a foreign car mechanic as well as a moonshiner.
- 3:15Speaker 5: See had three eight hundred gallons steam steels and fired
- 3:18Speaker 5: on butane. He made the best sugar liquor you've ever drank,
- 3:22Speaker 5: and see moonshine. If it's made correctly, it's a lot
- 3:26Speaker 5: better than store bought liquor. And so my dad's stuff
- 3:30Speaker 5: burned clear, and I mean he was about one hundred
- 3:33Speaker 5: and forty proof. You can just get a four ounce
- 3:35Speaker 5: glass to do ice cubes.
- 3:36Speaker 6: And sip on it all.
- 3:38Speaker 7: So did you just grew up drinking moonshine?
- 3:40Speaker 6: Yeah? Sure.
- 3:41Speaker 7: When was the first time you drank it?
- 3:43Speaker 6: Six years old? And I stole it from my dad.
- 3:50Speaker 4: Growing up, Hank felt like he had the best parents
- 3:53Speaker 4: in the world. He takes pride that he was named
- 3:55Speaker 4: after his dad.
- 3:57Speaker 5: I'm actually a junior, but when my dad passed, I
- 4:00Speaker 5: took his name and so now I'm just Henry Skinner
- 4:03Speaker 5: Hank Skinner.
- 4:04Speaker 6: Hank is a nickname for Henry.
- 4:07Speaker 5: He loved Hank Williams sor and I love Hank Williams
- 4:10Speaker 5: Junior and Hank the Third.
- 4:13Speaker 7: I love them all.
- 4:13Speaker 6: Yeah. Out of the same.
- 4:14Speaker 4: Way, Hank learned a lot from his dad.
- 4:18Speaker 6: Like my dad, he taught me how to slaughter hogs
- 4:20Speaker 6: and slaughter.
- 4:21Speaker 4: Cow and he worked for his dad too young. Hank
- 4:24Speaker 4: was a skilled laborer and free spirit.
- 4:27Speaker 5: We were just a bunch of wild, rambunctious kids having
- 4:30Speaker 5: a good time. We had field keg parties and cow pastors.
- 4:34Speaker 5: There was bikers up there everywhere. That's who I grew
- 4:37Speaker 5: up with.
- 4:39Speaker 4: But Hank also had a soft spot for the female
- 4:42Speaker 4: role models in his life. Like his mom and grandma,
- 4:45Speaker 4: Hank grew up learning a lot from them, including how
- 4:47Speaker 4: to respect women.
- 4:51Speaker 5: If you want to find out anything in life that
- 4:54Speaker 5: really means.
- 4:55Speaker 6: Something, find out from a woman.
- 4:57Speaker 5: They know how to do everything, and so I can sew,
- 5:02Speaker 5: I can alter clothes. I used to make dresses for
- 5:04Speaker 5: my little sister on my mama's sewing machine. I make quilts.
- 5:08Speaker 5: I know how to do everything. I know how to
- 5:10Speaker 5: can vegetables, you know, out of the garden. We used
- 5:12Speaker 5: to do this every year. Where the women aren't the shit.
- 5:15Speaker 5: That's all there is to it.
- 5:16Speaker 6: You know what I mean.
- 5:21Speaker 4: Hank also learned a lot about women after he married
- 5:23Speaker 4: quite young.
- 5:25Speaker 5: I was nineteen, my wife was sixteen, and we had
- 5:29Speaker 5: just gotten married because she was already pregnant.
- 5:32Speaker 6: I had a daughter, Natalie Joe. I was so in
- 5:36Speaker 6: love with her when she was born.
- 5:38Speaker 4: Natalie Joe was the light of Hank's life, but Hank's
- 5:41Speaker 4: marriage to Natalie Joe's mother was another story. He and
- 5:44Speaker 4: his wife struggled to get along. According to Hank, she
- 5:47Speaker 4: had substance abuse issues.
- 5:49Speaker 6: She was strung out on cocaine. Well, we had a
- 5:52Speaker 6: big argument to fight going on all the time, and so.
- 5:58Speaker 5: She's my daughter. Stayed with her mother. That was the
- 6:00Speaker 5: only thing that was acceptable to her. My mama wanted her,
- 6:04Speaker 5: but she wouldn't let my mama have her. And so
- 6:08Speaker 5: my wife was doing crazy things when we divorce.
- 6:11Speaker 6: So I just said, fuck this, I'm done. I left
- 6:15Speaker 6: and I went first to Georgia.
- 6:17Speaker 4: They're in Georgia. Hank worked at a casino who's high
- 6:20Speaker 4: earning customers were catered to by women.
- 6:24Speaker 5: And these are gamblers and they're high rollers, and so
- 6:26Speaker 5: they want woman on their arm.
- 6:28Speaker 6: You know.
- 6:29Speaker 4: Hank took it upon himself to look out for these.
- 6:31Speaker 6: Women if they get two hands.
- 6:33Speaker 5: Yet'm like, you know, I'm the guy who steps in
- 6:36Speaker 5: and tells them, no, no, no, you know it.
- 6:38Speaker 6: Can't be doing that.
- 6:40Speaker 5: And so you ever seen that movie Roadhouse with Patrick Sways,
- 6:44Speaker 5: Because that's what I did. I was a cooler just
- 6:47Speaker 5: like he was in that movie, but not in a
- 6:49Speaker 5: bar in the gambling establishment. And so I lived in
- 6:53Speaker 5: an old, old ramshackle rooming house that had three stories
- 6:58Speaker 5: and had big stucco porch on the top. And so
- 7:00Speaker 5: I could sit up there and drink beer and smoke
- 7:02Speaker 5: weed and watch all the cars go by and holler
- 7:04Speaker 5: at the girls.
- 7:06Speaker 6: I was the rooster of the hymn house.
- 7:07Speaker 4: I had it all in his mind. Hank was living
- 7:10Speaker 4: the life.
- 7:12Speaker 7: So how'd you wind up in Texas?
- 7:13Speaker 6: So when I came out here, I came out here because.
- 7:16Speaker 5: I wanted to break out in the oil field, because
- 7:19Speaker 5: I heard about the oil field. It was a good
- 7:21Speaker 5: place to make money, and I did. I made a
- 7:23Speaker 5: lot of money out here. I ended up moving to Pampa.
- 7:27Speaker 5: It's an oldfield.
- 7:28Speaker 4: Town, and Pampa Hank found kindred spirits in the lifestyle
- 7:32Speaker 4: he enjoyed, but soon he was charged and convicted for
- 7:36Speaker 4: unauthorized use of a motor vehicle and was on parole.
- 7:39Speaker 4: He started going to AA as part of his parole,
- 7:42Speaker 4: and that's where he met Tila Busby.
- 7:44Speaker 5: These two guys were picking on her, and so I
- 7:48Speaker 5: dried up for tears and I talked to her and
- 7:51Speaker 5: got her all right.
- 7:52Speaker 6: She was just they were just drilling. I mean the
- 7:57Speaker 6: way they were, mister, what.
- 7:58Speaker 7: Were they picking on her for?
- 8:00Speaker 5: She's a whore or she's a sorry bitch? She drank
- 8:03Speaker 5: you know, she ain't never go sober up.
- 8:06Speaker 6: It was just horrible. So anyway, I ended up giving
- 8:10Speaker 6: her a ride home.
- 8:11Speaker 4: On the way, Hank asked if she wanted to stop
- 8:13Speaker 4: for a cup of coffee.
- 8:18Speaker 5: And we sit down and started talking and it was like,
- 8:22Speaker 5: just like instantly, we've been together for fifty years.
- 8:25Speaker 6: I mean, she was so easy to talk to.
- 8:28Speaker 5: And she told me, she said, I have never met
- 8:32Speaker 5: anybody like you in my life.
- 8:34Speaker 6: What are you some kind of magician? And I'm like,
- 8:37Speaker 6: why do you say that? She said, I don't know.
- 8:39Speaker 5: But since I sit down and just started talking to you,
- 8:42Speaker 5: I just started feeling some kind of way.
- 8:45Speaker 4: Twila and Hank started spending all their time together.
- 8:49Speaker 6: Twilight and I our soulmates.
- 8:51Speaker 5: We could just look at each other and know what
- 8:53Speaker 5: Kinether was thinking and what to say, you know.
- 8:56Speaker 6: And whenever we went to another people's house.
- 8:58Speaker 5: She always said, in my life, people said we were
- 9:01Speaker 5: like two high school kids and we were so in love.
- 9:04Speaker 7: Well, she was a lot older than you, right.
- 9:06Speaker 5: Ten years, that's not a lot.
- 9:14Speaker 4: Twila had two sons, Elwyn, who went by Scooter, was
- 9:18Speaker 4: twenty two and Randy was twenty, and Hank took on
- 9:21Speaker 4: the young men as his own. The three of them
- 9:23Speaker 4: had even worked together in a landscaping business. Hank had
- 9:27Speaker 4: a previous hand injury that left his right dominant hand
- 9:31Speaker 4: virtually useless, so the boys were a big help.
- 9:35Speaker 5: So I laid out the plans and showed them what
- 9:37Speaker 5: to do and how to do it, and they did
- 9:38Speaker 5: all the manual labor and we made good money.
- 9:44Speaker 4: Everything was going great for Twila and Hank until seven
- 9:47Speaker 4: months into their relationship New Year's Eve nineteen ninety three,
- 9:50Speaker 4: when it all came crashing down. This episode is underwritten
- 10:05Speaker 4: by AIG, a leading global insurance company. AIG is committed
- 10:10Speaker 4: to corporate social responsibility and to making a positive difference
- 10:14Speaker 4: in the lives of its employees and in the communities
- 10:17Speaker 4: where we work and live. In light of the compelling
- 10:20Speaker 4: need for pro bono legal assistance, and in recognition of
- 10:24Speaker 4: AIG's commitment to criminal and social justice reform, the AIG
- 10:28Speaker 4: pro Bono Program provides free legal services and other support
- 10:33Speaker 4: to underrepresented communities and individuals. On December thirty one, nineteen
- 10:45Speaker 4: ninety three, Hank, Twila, and Twila's sons were all at
- 10:49Speaker 4: home preparing for their evening celebration. Although it could be
- 10:52Speaker 4: a dangerous combination, Hank took some xanax and drank the
- 10:56Speaker 4: better part of a fifth of vodka, and then he
- 11:00Speaker 4: accidentally started sipping Twila's drink, not realizing that she had
- 11:04Speaker 4: spiked it with codine.
- 11:06Speaker 6: Back in class.
- 11:08Speaker 5: Looked the same as mine, and I grabbed it and
- 11:11Speaker 5: drank from it, and I had no.
- 11:14Speaker 6: Idea what was in it.
- 11:16Speaker 4: Hank wound up passing out that night from the combination
- 11:19Speaker 4: of substances. He also says he's allergic to codin.
- 11:23Speaker 6: It makes me sick, it gives me vertigo.
- 11:26Speaker 5: I can't stand up, it makes me very lethargic, I
- 11:31Speaker 5: lose my balance, I can't talk well. It feels like
- 11:35Speaker 5: my throat was constricting, like my lungs are full of cotton.
- 11:39Speaker 5: I can't get a deep breath.
- 11:41Speaker 7: Do you remember feeling any of that? Were you already
- 11:43Speaker 7: really drunk?
- 11:43Speaker 5: I remember feeling all of that before I passed out.
- 11:48Speaker 4: Around ten fifteen pm, Hank and Twila's friend Howard Mitchell
- 11:52Speaker 4: came to pick them up to drive them to attend
- 11:54Speaker 4: his New Yar's Eve party. When Howard arrived, he found
- 11:57Speaker 4: Hank in a practically comatose state. He tried to rouse
- 12:01Speaker 4: his friend but got no reaction. According to Howard, Hank
- 12:05Speaker 4: was out cold, so he and Twila left for the
- 12:08Speaker 4: party without Hank.
- 12:11Speaker 7: So but nobody called nine one one to make sure
- 12:13Speaker 7: you're okay.
- 12:14Speaker 5: We're all a bunch of partiers. Everybody passes out. How
- 12:17Speaker 5: many times a year have been no party?
- 12:19Speaker 6: And that's three or four?
- 12:20Speaker 5: Motherfucker's land on learn in the corners And I've been
- 12:24Speaker 5: passed out before.
- 12:25Speaker 6: But not like that.
- 12:32Speaker 4: At the party, Twyla encountered her uncle, Robert Dennell. He
- 12:35Speaker 4: was incredibly drunk, following Twyla around and making sexual advances.
- 12:40Speaker 4: They had previously had a sexual relationship. Although Twila's consent
- 12:44Speaker 4: to the relationship was questionable. She had allegedly told people
- 12:48Speaker 4: her uncle had raped her more than once. Twila got
- 12:52Speaker 4: uncomfortable and Howard took her home. They arrived back sometime
- 12:56Speaker 4: between eleven and eleven fifteen after the What happened is
- 13:01Speaker 4: not totally clear, but here's how Hank remembers it. Sometime
- 13:06Speaker 4: that night, Hank says he was shaken awake by Scooter
- 13:11Speaker 4: and when I.
- 13:11Speaker 6: First woke up, I couldn't. I couldn't. I couldn't see
- 13:15Speaker 6: where the fuck I was at. I couldn't. I don't
- 13:19Speaker 6: know it. I couldn't think in words, and I'm seeing
- 13:25Speaker 6: blood all over the walls, but I didn't recognize it
- 13:28Speaker 6: as well. I'm thinking what in the fuck? And people
- 13:30Speaker 6: slinging all over this living room.
- 13:33Speaker 5: And so he got me up and he give me
- 13:35Speaker 5: my pants and he told me put them on.
- 13:37Speaker 6: We got to get the fuck out of here. And yes,
- 13:40Speaker 6: and I didn't.
- 13:41Speaker 4: Know that Scooter had been stabbed in the chest and
- 13:44Speaker 4: stomach area, but he was still managing to move around
- 13:48Speaker 4: and was trying to save both of their lives.
- 13:51Speaker 6: He said, he said, we got to get out of here, Hank.
- 13:53Speaker 6: They're coming back, and I'm thinking who's coming back? What
- 13:56Speaker 6: the fuck are you talking about?
- 13:58Speaker 5: You remember him saying they were come, yes, yes, and
- 14:01Speaker 5: he was saying it in a high streamed voice.
- 14:04Speaker 6: That's one of the things I remember.
- 14:07Speaker 4: Scooter was a big guy, six foot six and about
- 14:10Speaker 4: two hundred and twenty five pounds, and despite his injuries,
- 14:14Speaker 4: he was able to lift Hank up and help him out.
- 14:18Speaker 7: Was anything registering at this point.
- 14:23Speaker 6: Now feeling whatever has happened is bad. This is bad.
- 14:28Speaker 6: We have got to get the fuck out here.
- 14:30Speaker 5: But I wasn't thinking in words. I was just thinking
- 14:33Speaker 5: in emotions.
- 14:37Speaker 4: Still unsteady on his feet, Hank started looking around.
- 14:41Speaker 5: But when I did, I lost my balance and fell
- 14:43Speaker 5: face forward in the floor. And so I remember looking
- 14:47Speaker 5: across the floor, got up on my elbows trying to
- 14:50Speaker 5: get up, and I couldn't do it. And I remember
- 14:53Speaker 5: looking across the floor and I could see my girlfriend,
- 14:56Speaker 5: and all I could see was a mass of her hair,
- 15:00Speaker 5: blood of black tinting the edges of everything, and everything
- 15:06Speaker 5: was looking alternately red and green.
- 15:09Speaker 6: But her face was gone.
- 15:13Speaker 4: Twila had been strangled and bludging to death. Someone had
- 15:16Speaker 4: hit her fourteen times in the head with the handle
- 15:19Speaker 4: of a pickaxe, When she was found, her pants were
- 15:21Speaker 4: unzipped and her shirt was lifted up. As Hank was
- 15:27Speaker 4: still trying to absorb everything, Scooter was pulling him to
- 15:30Speaker 4: go check on his younger brother, Randy, And so we.
- 15:33Speaker 5: Get in the bedroom and he leans me against the
- 15:36Speaker 5: dresser so we can see about his brother. And I
- 15:39Speaker 5: couldn't even stand up, even holding on with the dresser,
- 15:41Speaker 5: and I fell in the floor. And this is something
- 15:44Speaker 5: I remember. I don't remember falling, I don't remember trying
- 15:47Speaker 5: to get up, but I remember looking up at him,
- 15:52Speaker 5: and he's looking at his brother, and he's got this
- 15:54Speaker 5: horribly sad expression on his face, and so I know
- 15:58Speaker 5: he's dead.
- 16:01Speaker 4: Randy had been stabbed in the heart through his back
- 16:03Speaker 4: while he was asleep. He had died on the top
- 16:05Speaker 4: level of the bunk bed he shared with Scooter.
- 16:09Speaker 5: That's when I realized my hand was cut, and I
- 16:12Speaker 5: didn't know how it had gotten cut, but I had
- 16:15Speaker 5: a vague memory of somebody standing over top of me
- 16:19Speaker 5: with a knife and I threw my hands up and
- 16:23Speaker 5: they cut my hand and it was burning.
- 16:26Speaker 6: And so I didn't know if that really happened to her,
- 16:30Speaker 6: if I was just dreaming it.
- 16:33Speaker 4: Hank wasn't dreaming that his hand was cut. That was real.
- 16:36Speaker 4: He and Scooter moved through the house trying to escape,
- 16:39Speaker 4: but they were bleeding everywhere, and.
- 16:41Speaker 5: So we got out in the backyard and we went
- 16:44Speaker 5: through the gate, and I didn't know where we were going,
- 16:47Speaker 5: but we had.
- 16:47Speaker 6: To get the fuck out of there, that's all I knew.
- 16:50Speaker 6: And so I fell in the alley and he told.
- 16:54Speaker 5: Me, Hank, I can't keep picking you up. And I said,
- 16:57Speaker 5: don't worry about me, just go go get help.
- 16:59Speaker 6: Got help, and.
- 17:01Speaker 5: So I remember seeing him walk off towards the street
- 17:04Speaker 5: light through the alley.
- 17:13Speaker 4: Hank passed out again, so he didn't know that Scooter
- 17:16Speaker 4: had made it to the neighbor's porch, where he finally
- 17:19Speaker 4: succumbed to his wounds and collapsed. A neighbor found Scooter
- 17:23Speaker 4: and called nine one one, and he was immediately brought
- 17:26Speaker 4: to the hospital. There at twelve forty five am, Scooter died.
- 17:33Speaker 4: When the police showed up and found out where Scooter lived,
- 17:36Speaker 4: they immediately went to the house. When they arrived, they
- 17:40Speaker 4: found a massacre. There was a trail of blood from
- 17:45Speaker 4: the fence to the front porch. The front storm door
- 17:48Speaker 4: was smeared with blood. Once inside, police found multiple bloody
- 17:52Speaker 4: handprints on doors and doorknobs in the bedroom, kitchen, utility room,
- 17:56Speaker 4: and on the door leading out to the backyard, along
- 18:00Speaker 4: with bloody handprints and blood smeared throughout the house. Police
- 18:03Speaker 4: also found a black plastic trash bag containing a wet,
- 18:07Speaker 4: brown stained towel and a knife. They found the bloody
- 18:11Speaker 4: pickaxe handle used to bludge in Twila, as well as
- 18:14Speaker 4: a knife that was on the porch. They also found
- 18:17Speaker 4: a man's windbreaker, and of course, the bodies of Twila
- 18:21Speaker 4: and Randy. Almost immediately the police started looking for Hank,
- 18:31Speaker 4: the living boyfriend. They found him at Andrea Joyce Reid's house,
- 18:35Speaker 4: where Hank had gone for help after he came to consciousness.
- 18:38Speaker 4: Andrea was a neighbor and she was also a Hank's
- 18:41Speaker 4: sex girlfriend. Hank became the prime suspect.
- 18:45Speaker 3: The reason he was accused of the crime, I think
- 18:48Speaker 3: is because in fact he was the only survivor from
- 18:51Speaker 3: the scene, which was both very lucky because the assailant
- 18:54Speaker 3: didn't kill Hank, but it's also very unlucky because it
- 18:57Speaker 3: meant all the fingers were immediately pointed at him.
- 19:00Speaker 4: This is Rob Owen.
- 19:02Speaker 3: I'm a lawyer. I live in Chicago. For many years
- 19:05Speaker 3: I practiced in Texas doing mostly death penalty cases, and
- 19:09Speaker 3: during that time was when I became one of the
- 19:11Speaker 3: members of Hank Skinner's defense team. The police assumed that
- 19:15Speaker 3: this was an open and shot case. They assumed that
- 19:17Speaker 3: he had to be the killer. He had some of
- 19:20Speaker 3: the blood of Twila Busby and the other victims on
- 19:23Speaker 3: his clothing, for example.
- 19:25Speaker 4: And Hank says the blood very likely came from touching
- 19:28Speaker 4: Twila to see if she was okay.
- 19:30Speaker 3: I think that was all. It was very easy for
- 19:33Speaker 3: the cops to assume that they had the right guy.
- 19:37Speaker 4: Hank was taken to the police station and booked, but
- 19:40Speaker 4: he was still so messed up from the alcohol and
- 19:42Speaker 4: codeine that he couldn't even stand on his own while
- 19:45Speaker 4: his photograph was taken. The police had to hold him up.
- 19:48Speaker 4: He was eventually taken to the hospital. Hank's cut hand
- 19:51Speaker 4: was treated and he voluntarily gave blood samples. Results of
- 19:55Speaker 4: those samples were used to calculate Hank's blood alcohol levels
- 19:58Speaker 4: at the approximate time of the murder. They showed that
- 20:01Speaker 4: at the time, Hank's blood alcohol content was almost three
- 20:04Speaker 4: times the drunk driving standard, and his codeine level was
- 20:08Speaker 4: two and a half times the recommended dose, and so
- 20:13Speaker 4: this is Hank's alibi.
- 20:15Speaker 3: Hank couldn't have committed this murder of these murders because
- 20:18Speaker 3: he was simply physically incapable at the time of carrying
- 20:22Speaker 3: them out.
- 20:23Speaker 4: Remember, Hank was virtually comatose when Howard came to pick
- 20:26Speaker 4: him up for the party, and Twyla came home from
- 20:29Speaker 4: that party only about an hour later. Hank couldn't have
- 20:32Speaker 4: possibly sobered up by the time the murders transpired.
- 20:36Speaker 3: Hank could only have been able to sort of at
- 20:39Speaker 3: most stand and stagger like That would have been about
- 20:43Speaker 3: the sum of his physical ability based on the volume
- 20:47Speaker 3: of alcohol and codeine in his bloodstream.
- 20:53Speaker 4: Police searched the house for ten days without a warrant,
- 20:57Speaker 4: but they failed to collect key evidence, including bloody finger
- 21:01Speaker 4: and handprints. Vaginal swabs were taken from Twila, and despite
- 21:04Speaker 4: one detective urging him to do so, Gary Stallings, the
- 21:08Speaker 4: criminalist who was leading the forensics team, did not believe
- 21:11Speaker 4: Twila was raped and did not have the swabs tested.
- 21:15Speaker 4: None of the evidence directly linked Hank to the crime.
- 21:19Speaker 4: Yes his bloody handprints were there, but he also lived
- 21:22Speaker 4: in the house and says he was attacked. There was
- 21:24Speaker 4: also DNA and at least one handprint that was not Hank's, Twila's,
- 21:29Speaker 4: scooters or Randy's, but despite all of that, Hank was
- 21:34Speaker 4: prosecuted for the murders. His trial began a little over
- 21:37Speaker 4: a year later, in March nineteen ninety five, he faced
- 21:41Speaker 4: the death penalty. District Attorney John Mann was the prosecutor
- 21:52Speaker 4: in the case. At trial, Man rested his argument on
- 21:56Speaker 4: two key testimonies, that of state witnesses Howard Mitchell and
- 22:01Speaker 4: Andrea Joyce read. No actual forensics linking Hank to the
- 22:04Speaker 4: crime were presented at trial. In fact, Stalling's the criminalist,
- 22:08Speaker 4: conceded that just because the evidence proved Hank was there
- 22:11Speaker 4: at the house does not identify him as the murderer.
- 22:15Speaker 4: Howard Mitchell testified for the state and said that Hank
- 22:18Speaker 4: was completely comatose when he arrived to take them to
- 22:21Speaker 4: his party, But he also said that when Twyla's uncle,
- 22:23Speaker 4: Robert Dennell, was harassing her at his house, Howard took
- 22:26Speaker 4: her home and that they shared a friendly kiss on
- 22:29Speaker 4: the porch. Man used Howard's testimony to argue that Hank
- 22:34Speaker 4: killed Twila, Scooter and Randy in a jealous rage. Andrea
- 22:39Speaker 4: Joyce Reid, Hank's sex girlfriend and neighbor, also testified.
- 22:42Speaker 3: Because she came in and said, well, when he got
- 22:45Speaker 3: to my house on the night of the crime, he
- 22:48Speaker 3: was behaving in ways that didn't seem that messed up.
- 22:51Speaker 3: He was obviously intoxicated, but he was able to walk
- 22:55Speaker 3: into the house under his own steam. He was able
- 22:58Speaker 3: to take off his shirt. He was able to stitch
- 23:01Speaker 3: up the severe cut that he had sustained on one
- 23:03Speaker 3: hand using thread and needles that Andrea Reid provided him.
- 23:08Speaker 4: Her testimony was a blow for the defense. Harold Comer,
- 23:12Speaker 4: who happened to be a former prosecutor, was Hank's court
- 23:15Speaker 4: appointed defense attorney. Comer argued that Hank survived the attacks
- 23:19Speaker 4: because the perpetrator didn't perceive him as a threat in
- 23:22Speaker 4: his condition. He also argued that Hank's pre existing injury
- 23:25Speaker 4: had left his right hand with nerve and tissue damage,
- 23:29Speaker 4: he did not have the strength to carry out these
- 23:31Speaker 4: brutal murders. William T. Lowry, a forensic toxicologist for the defense,
- 23:36Speaker 4: also said that it was quote highly improbable that Hank
- 23:40Speaker 4: could have committed the murders based on how intoxicated he was.
- 23:43Speaker 4: In a later afi David he added to his argument.
- 23:46Speaker 4: He said, quote, mister Skinner, at best would have been
- 23:50Speaker 4: in a stuporous state, barely able to stand without assistance,
- 23:54Speaker 4: and completely without the physical coordination or mental acuity required
- 23:59Speaker 4: to commit these murders by strangulation, beating, and stabbing end quote.
- 24:04Speaker 4: According to doctor Lowry, Hank was likely exerting whatever strength
- 24:08Speaker 4: and energy he had just to stand up and walk.
- 24:11Speaker 4: Based on Hank's bloody handprints around the walls of the
- 24:14Speaker 4: house and his inability to stand for a photo at
- 24:16Speaker 4: the police station, this was likely the case. Hank's defense
- 24:21Speaker 4: attorney also presented Twyla's uncle, Robert Dnell, as an alternate suspect,
- 24:26Speaker 4: but he failed to make a strong case of reasonable
- 24:28Speaker 4: doubt for Hank, and on March eighteenth, nineteen ninety five,
- 24:32Speaker 4: the jury deliberated for only two and a half hours
- 24:35Speaker 4: before finding Hank guilty. Five days later, they handed him
- 24:39Speaker 4: a death sentence.
- 24:42Speaker 5: And I just can't believe they're done this to me
- 24:44Speaker 5: because I'm innocent, and they know they knew I was
- 24:47Speaker 5: innocent before they arrested me.
- 25:05Speaker 8: The fact that a country in the Western world still
- 25:08Speaker 8: executed citizens is beyond shocking.
- 25:12Speaker 4: This is Sandrine, a yourge skinner.
- 25:15Speaker 8: I am French, spending half my time in Texas and
- 25:18Speaker 8: half moss time in France.
- 25:20Speaker 4: Sandrine and Hank have been married since two thousand and eight,
- 25:23Speaker 4: and Hank is anxious to get out of prison so
- 25:25Speaker 4: they can be together. Because of the pandemic, they hadn't
- 25:28Speaker 4: seen or heard each other for almost three years until recently.
- 25:33Speaker 4: So for three years, you guys have just been writing letters.
- 25:37Speaker 8: Yeah, that's correct.
- 25:40Speaker 4: How did you hear about Hank? And you know you're
- 25:44Speaker 4: in France?
- 25:45Speaker 7: What interested you? And somebody in Houston, Texas?
- 25:49Speaker 6: Well?
- 25:50Speaker 8: I had a friend in France who was a young lawyer,
- 25:52Speaker 8: and he wrote his thesis on the death penalty in
- 25:56Speaker 8: Texas and he sent me a copy. I read it
- 25:58Speaker 8: and I just of my chair. I couldn't believe that
- 26:02Speaker 8: the legal system in the US was so poor and
- 26:05Speaker 8: so flawed. And he told me at the time about
- 26:09Speaker 8: an organization that was set up and run by the
- 26:11Speaker 8: death row prisoners in Texas, and they had a sort
- 26:15Speaker 8: of a trimesterral newsletter, and he said you know, if
- 26:18Speaker 8: you want to translate it in French, we could distribute
- 26:21Speaker 8: in France and get people, you know, a bit more
- 26:23Speaker 8: aware about what's going on there. And so I did
- 26:26Speaker 8: a couple of times, and he said, well, she want
- 26:28Speaker 8: to correspond with people there, I'm thinking of free guys.
- 26:32Speaker 8: I'm sure you'll get along with. And Hank was one
- 26:34Speaker 8: of those three guys. That's how we started writing in
- 26:37Speaker 8: nineteen ninety six.
- 26:41Speaker 4: Sandrine says they corresponded for about four years before she
- 26:44Speaker 4: went to visit Hank on death Row, a place where
- 26:47Speaker 4: prisoners are confined in cells alone and do everything alone.
- 26:51Speaker 4: When she met Hank on death Row, that when she
- 26:53Speaker 4: felt he was more than just a pen pal.
- 26:56Speaker 8: And you know, he's very smart, he's very funny, is
- 27:01Speaker 8: very strong, as you can imagine with what he's been through.
- 27:06Speaker 8: And we just clicked instantly, even at a distance and
- 27:10Speaker 8: in writing, and we clicked even more when we met.
- 27:13Speaker 4: In what ways I mean you might think, you know,
- 27:15Speaker 4: you see your world's apart. Literally, I mean, you're we
- 27:18Speaker 4: are bom.
- 27:19Speaker 7: In France and he's a man on death row.
- 27:23Speaker 8: Totally different culture, different background. Well, yeah, you know, kindred spirits.
- 27:28Speaker 8: I guess no, no borders.
- 27:30Speaker 4: So you guys have never been able to be intimate
- 27:32Speaker 4: in any kind of way. You've never even touched his hand.
- 27:35Speaker 8: No, never, What is that like? It's well, I'm not
- 27:39Speaker 8: a maso kiss. But honestly, it is a torture. It
- 27:42Speaker 8: is a torture. It really is a torture because you
- 27:45Speaker 8: look sometimes, you know, when you even with your friends.
- 27:48Speaker 8: I mean, I don't know here in the US, but
- 27:50Speaker 8: in France we are very filly, touchy. We need to
- 27:53Speaker 8: be close. We kiss, we hag, so you know someone's
- 27:58Speaker 8: sent the skill. You know a lot of things. So basically,
- 28:03Speaker 8: our sensorial memories of each other's are the sound of
- 28:06Speaker 8: our voices and our eyes and the look in our eyes.
- 28:11Speaker 8: And not knowing his skin, not being able to comfort
- 28:15Speaker 8: him is very.
- 28:16Speaker 3: Very hard.
- 28:23Speaker 4: Through the years, Sandrine has flown back and forth between
- 28:26Speaker 4: France and Houston to visit Hank on death row. Although
- 28:29Speaker 4: she was not originally involved in Hank's innocent claim, Sandrine
- 28:32Speaker 4: eventually became convinced of his innocence.
- 28:35Speaker 8: And I read tons and tons of paperwork, and to
- 28:40Speaker 8: me it was obvious, I mean physically scientifically, for a
- 28:44Speaker 8: number of reasons, it was very clear that he was innocent.
- 28:48Speaker 4: And indeed the one key witness that Hank's fate rested on.
- 28:51Speaker 4: Andrea Joyce Reid recanted her statement here's rabo and again.
- 28:56Speaker 3: After Hank was convicted and set to death row, and
- 29:00Speaker 3: contacted Hank's lawyers and said that testimony wasn't true. I
- 29:04Speaker 3: was really afraid because I thought I was likely to
- 29:07Speaker 3: be accused of being some sort of accomplice or having
- 29:10Speaker 3: assisted Hank in some way that would put me into
- 29:13Speaker 3: legal jeopardy. She was at the time trying to regain
- 29:15Speaker 3: custody of a child, and she thought that that would
- 29:18Speaker 3: certainly be unlikely if the authorities were angry at her
- 29:23Speaker 3: or believed she had some role in this crime. So
- 29:26Speaker 3: she essentially went to trial and exaggerated systemically and repeatedly
- 29:31Speaker 3: the things that Hank was able to do. What she
- 29:34Speaker 3: said in her recantation was in fact, Hank was not
- 29:38Speaker 3: able to get into the house on his own. She
- 29:40Speaker 3: had to go outside basically drag him up the steps
- 29:44Speaker 3: and into the house.
- 29:45Speaker 4: But when she recanted, Prosecutor Man was not pleased.
- 29:49Speaker 3: John Mann dragged Andrea Reid before a grand jury after
- 29:54Speaker 3: she gave her affidavit recanting her trial testimony and threatened
- 29:58Speaker 3: to prosecute her for perjury as she persisted, and to
- 30:02Speaker 3: her great credit, she did not back away from the recantation,
- 30:06Speaker 3: and she said, I don't want false testimony on my conscience,
- 30:09Speaker 3: and so I'm going to stick now telling the truth
- 30:11Speaker 3: now matter what the consequences for me personally are. But
- 30:15Speaker 3: I think that says a lot about mister Mann that
- 30:17Speaker 3: he was willing to threaten to prosecute her in order
- 30:20Speaker 3: to keep her truth from coming out.
- 30:23Speaker 4: Hank filed multiple appeals, one based on Andrew's recantation, but
- 30:28Speaker 4: clearly none were sufficient for the court to free him.
- 30:31Speaker 4: He was only met with execution dates. Sandrina and Hank
- 30:35Speaker 4: kept up their relationship for nearly fifteen years before Hank
- 30:39Speaker 4: got another execution date in March twenty ten. This time
- 30:43Speaker 4: it was serious. He was transferred to one of the
- 30:45Speaker 4: cells near the death chamber in Huntsville, Texas.
- 30:51Speaker 5: They kill my first brand March the second, they kill
- 30:54Speaker 5: my second brand March the eleventh. Then a were won't
- 30:56Speaker 5: kill me in March twenty four or thirteen days later?
- 31:00Speaker 6: What is that?
- 31:00Speaker 7: What is that like when you when you know you're
- 31:02Speaker 7: gonna die.
- 31:05Speaker 5: It's indescribable. The last seven days, you don't sleep at all.
- 31:11Speaker 5: You're hyper vigilance. Your mind starts unrolling all of the
- 31:16Speaker 5: things you've done in your life that you wish you
- 31:19Speaker 5: hadn't die, the things you could have done better. I'm
- 31:24Speaker 5: sitting there looking at that gurney that they're fixing to
- 31:26Speaker 5: put me on.
- 31:27Speaker 6: I could see it through the door. They had the
- 31:29Speaker 6: door open.
- 31:31Speaker 5: I could see the microphone, I could see the straps,
- 31:33Speaker 5: arm boards, and I was absolutely convinced I was fixing
- 31:37Speaker 5: to die.
- 31:38Speaker 6: I just, I just knew that I was.
- 31:40Speaker 5: Gonna die, because the courtsy just give me the short
- 31:43Speaker 5: shrift every time we had filled something like fuck you,
- 31:46Speaker 5: fuck you die die, and so.
- 31:49Speaker 6: Uh, I felt like that was it.
- 31:54Speaker 7: Did you get a last meal?
- 31:55Speaker 6: Yes? I did?
- 31:56Speaker 3: What was it?
- 31:57Speaker 6: Uh?
- 31:57Speaker 5: Popeye's fried chicken, a cheese, a double cheeseburger with onions
- 32:03Speaker 5: and tomatoes, no lettuce, and chocolate pudding, chocolate cake, and
- 32:11Speaker 5: a chocolate milkshake.
- 32:14Speaker 6: And I ain't every bit of it.
- 32:22Speaker 4: Fortunately, Hank's execution was stayed by the US Supreme Court
- 32:26Speaker 4: less than an hour before he was set to be killed. Today,
- 32:31Speaker 4: Hank spends his time as a jail house attorney helping
- 32:33Speaker 4: other prisoners with the law and their cases, and although
- 32:36Speaker 4: he's in solitary on death row, incarcerated people do have
- 32:40Speaker 4: a right to provide legal help to one another, so
- 32:43Speaker 4: that's really his only social interactions. Hank has maintained his
- 32:50Speaker 4: innocence for nearly thirty years to this day. He believes
- 32:54Speaker 4: he was framed by Twyla's uncle, Bob Dennell, and at
- 32:58Speaker 4: one of Hank's later hearings, longtime neighbor Deborah Ellis testified
- 33:02Speaker 4: that she saw Denell in his yard a few days
- 33:05Speaker 4: after the murders took place. He was giving a frenzied
- 33:08Speaker 4: cleaning to his old beat up pickup truck, taking out
- 33:11Speaker 4: the seats, throwing away the carpet, and scrubbing the floorboards
- 33:14Speaker 4: with an astringent cleaner. Ellis found his behavior strange because
- 33:18Speaker 4: Robert reportedly rarely cleaned his truck. Hank's theory is that
- 33:26Speaker 4: after Twila left the party with Howard, Denell followed them home.
- 33:30Speaker 4: When Howard Mitchell testified at trial, he said that when
- 33:32Speaker 4: he returned to the party, Dinell was gone. Hank thinks
- 33:35Speaker 4: he left to confront Twila at home and when he
- 33:38Speaker 4: saw Hank passed out. He left him as the sole survivor,
- 33:41Speaker 4: knowing how that would look. And if you remember, there
- 33:45Speaker 4: was a men's windbreaker jacket that was taken as evidence.
- 33:49Speaker 4: However it was never tested.
- 33:51Speaker 3: Clearly has potential evidentiary value. It's got blood spatter on
- 33:56Speaker 3: the sleeves, it's got sweat stains on the collar, on
- 34:00Speaker 3: the interior lining.
- 34:03Speaker 4: Over the years, Rob and Hank's team have tried to
- 34:05Speaker 4: test all the evidence they could, but.
- 34:08Speaker 3: It was only once we got into court that the
- 34:10Speaker 3: state came in and said, oh, well, we don't know
- 34:12Speaker 3: what happened to the jacket. The jacket is lost. And
- 34:15Speaker 3: it's also a little weird that it's the only piece
- 34:18Speaker 3: of evidence that they say is lost. Right, they had
- 34:20Speaker 3: all the other evidences of the scene. They've got the
- 34:22Speaker 3: blood swabs, they got the knives, they've got fingernail clippings,
- 34:25Speaker 3: they've got hairs, but somehow they managed to lose an
- 34:28Speaker 3: object as large as a man's windbreaker jacket. So I'm
- 34:33Speaker 3: not going to vouch for their claim to have lost
- 34:36Speaker 3: this jacket. I think they should still be looking for
- 34:38Speaker 3: this jacket.
- 34:40Speaker 4: DNA testing that was able to be done on the
- 34:42Speaker 4: items from the crime scene has been completed, none of
- 34:44Speaker 4: the results have implicated Hank as the murderer. However, the
- 34:48Speaker 4: courts ruled that even if the DNA testing and results
- 34:50Speaker 4: had been available at the time of trial, it's not
- 34:53Speaker 4: reasonably probable that the jury would have found him not guilty,
- 34:57Speaker 4: meaning the judge who decided the verdict would have reached
- 35:00Speaker 4: the same conclusion. Hank has appealed this to the Texas
- 35:03Speaker 4: Highest Criminal Court. It's currently pending a decision. When I
- 35:15Speaker 4: met with Hank at the Polenski Death Row unit, I
- 35:18Speaker 4: asked him, do.
- 35:20Speaker 7: You wish you were killed that night instead of winding
- 35:22Speaker 7: up here?
- 35:25Speaker 5: There have been times when I wish that, because, especially
- 35:30Speaker 5: in the first days after this happened and I was
- 35:33Speaker 5: in jail.
- 35:33Speaker 6: Cell by myself, it would have been so much better,
- 35:37Speaker 6: you know what I mean.
- 35:40Speaker 5: I just could not believe that they were gone. I mean,
- 35:45Speaker 5: the three people I love most in this world.
- 35:47Speaker 6: Her sons were my best friends.
- 35:50Speaker 5: We spend all our time together, and so to wake
- 35:57Speaker 5: up one.
- 35:57Speaker 6: Morning and there it is all gone, And you know,
- 36:02Speaker 6: survivor's guilt. I didn't do this. There's nothing in the
- 36:06Speaker 6: world that could have made me do it.
- 36:08Speaker 5: But I felt so responsible because I was the king
- 36:13Speaker 5: of that castle, and instead of passed out drunk on
- 36:18Speaker 5: the fucking couch, I should have been awake and able
- 36:20Speaker 5: to do something.
- 36:39Speaker 7: Can you envisional life outside of here?
- 36:42Speaker 6: Sure?
- 36:43Speaker 7: What does that look like?
- 36:45Speaker 6: I'm gonna be with saying dream?
- 36:46Speaker 7: Do you think you'll go to France?
- 36:48Speaker 6: Absolutely?
- 36:49Speaker 7: You're gonna get out of here?
- 36:50Speaker 5: Oh way, I'm out of this country. They let me
- 36:53Speaker 5: out of here. I'm so out of here, it ain't
- 36:55Speaker 5: fund you.
- 36:56Speaker 7: Do you think you're going.
- 36:56Speaker 6: To get out?
- 37:00Speaker 5: Well? Takes us crazy, and they've tried to kill me
- 37:04Speaker 5: five times, so I believe that they're very serious about that.
- 37:10Speaker 6: But I think with the evidence we.
- 37:12Speaker 5: Have now that there's no way they're gonna have to
- 37:17Speaker 5: let me go, and they're gonna have to acknowledge that
- 37:19Speaker 5: I'm in this.
- 37:20Speaker 6: I don't see any other way, you know.
- 37:23Speaker 5: I think, after all I've suffered that I deserve a chance.
- 37:30Speaker 5: I deserve to be with my wife, I deserve to
- 37:32Speaker 5: have a life. I deserve to be released and get
- 37:34Speaker 5: the hell out of here.
- 37:35Speaker 6: And I won't out. I'm telling you something, you know.
- 37:40Speaker 5: It was just so amazing to find love a second time,
- 37:45Speaker 5: and I love her endlessly.
- 37:46Speaker 6: Man, and I mean, we are really truly so a maze.
- 37:56Speaker 4: Hank is still eligible for execution, but he will knock
- 37:59Speaker 4: it a new ta as long as litigation is pending.
- 38:06Speaker 4: If you want to help Hank, you can go to
- 38:08Speaker 4: Justice for Hank dot org, forward Slash Help Next Time.
- 38:15Speaker 4: On Wrongful Conviction with Maggie Freeling Carla Bidet, they were.
- 38:20Speaker 9: Telling me that I abuse Kit. It was painful because
- 38:25Speaker 9: I love this Kit so much. She's thinking that you
- 38:29Speaker 9: abuse somebody so innocent, and then they were saying that.
- 38:35Speaker 4: I did that. Thank you for listening to Wrongful Conviction
- 38:41Speaker 4: with Maggie Freeling. Please support your local innocence organizations and
- 38:46Speaker 4: go to the links in our bio to see how
- 38:48Speaker 4: you can help. I'd like to thank our executive producers
- 38:51Speaker 4: Jason Flamm and Kevin Wortis, as well as our senior
- 38:54Speaker 4: producer Annie Chelsea, researcher Lila Robinson, story editor Sonya Paul
- 38:59Speaker 4: with a dish production by Jeff Cleiburn and Connor Hall.
- 39:03Speaker 4: The music in this production is by three time OSCAR
- 39:06Speaker 4: nominated composer Jay Ralph. Be sure to follow us on
- 39:09Speaker 4: Instagram at Wrongful Conviction on Facebook at Wrongful Conviction podcast
- 39:14Speaker 4: and on Twitter at Wrongful Conviction, as well as at
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- 39:20Speaker 4: follow me on both Instagram and Twitter at Maggie Freeling.
- 39:24Speaker 4: Wrongful Conviction with Maggie Freeling is a production of Lava
- 39:27Speaker 4: for Good Podcasts in association with Signal Company Number one