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| Robert Pruett |
Robert Pruett recieved the stay, his third in as many years, to allow for further DNA tests to be conducted on the weapon he is supposed to have used to kill corrections officer Daniel Nagle 16-years ago. His defence team are hoping modern developments in DNA testing will reveal if the DNA of the actual killer is present. The shank (a crude name for a handmade prison weapon) was tested at the time of the murder, but only the DNA of the victim was found. Pruett's team are hopeful today's technology will enable any other DNA present on either end of the weapon to be found. The team seem convinced that the taped end of the weapon will have stored even a small amount of skin cells from the true murderer - a test that was not available 16-years ago. This would exonerate Robert Pruett of the crime he has always steadfastly denied committing.
News of the stay was reported so quickly via Twitter (and my little Blog) that even the Texas Criminal Justice Service were unaware of the development. There is currently no news on a potential time limit for the DNA testing.
it is conceivable they will find the DNA of Shelton Phillips (Pruetts cellie) as the tape at the end of the weapon was found to be from Shelton Phillips craft supply.
ReplyDeleteThe Judge in issuing the order criticized Pruetts attorney David Dow for waiting a full ten days after the Prosecutor made the weapon available for testing, to make a formal request calling the motion "a delay tactic".
It will no doubt put off any future date for at least a year, and will likely only "muddy" the waters. Even if there is an absence of Pruetts DNA on the weapon the State has been confident enough in the case to make all the evidence available for testing without objection.
In the meantime though, the US Supreme Court DENIED all Pruetts remaining appeals.
I must admit I was shocked when I heard Pruett had received a stay - I was convinced he would be executed. I think commuting his sentence to LWOP would be much kinder on the families involved. David Dow is a shill - his middle name should be delay tactic. He is the least interested in the truth - his only goal is to get that execution stayed.
ReplyDeleteRoberts supporters sure will be shocked If or when it comes back with his DNA on. Has the shank taped end been tested before or was it tested in a time when technology wasn't as advanced? If all appeals have truly been exhausted now, does this mean it's his last chance and everything rests on there being no DNA
ReplyDeleteHe may make as many appeals as he wishes I am not a supporter of Robert. I do support the people of an unfair trial like Robert had. I do hope that a good outcome comes from this as the USA is not god and should not be able to murder people for these crimes in my eyes every supporter of the death penalty is as gulty of any mass murderer
DeleteThanks for your comment DancingKittens. All I know is, when the shank was tested the only DNA was the victims. However, since then DNA technology has advanced to the point smaller samples of DNA can be tested. This means IF there are skin cells on the taped end, they MAY be able to pull a profile from it that they wouldn't have been able to previously. Many people thought his last stay was his last chance and the results of the DNA testing on the torn report were inconclusive. The attorney appealing on Robert's behalf will come up with anything and everything to try and get a stay for him. When he is given a new execution date, there will be a new reason put forward for a stay - unless he is exonerated, which is unlikely in my opinion.
ReplyDeleteHow can he be exonerated when there is no evidence to exonerate him? and the only way to get a new sentencing phase to change it to life in prison was off the back of the wiggins claim that has been denied. So it seems like eventually one way or another he will be executed. It will be an interesting turn of events if it comes back showing DNA
ReplyDeleteTo clarify, I meant IF it was proven to have another person's DNA on the shank, which in turn led to another murderer being uncovered - Robert Pruett would be exonerated. Or at least have his sentence commuted on grounds of reasonable doubt. Sorry for not being clearer. This won't happen, as I do not believe Robert Pruett is innocent. So you are right, sooner or later he will be executed. All this appeal appeal stay, appeal appeal stay etc is a like a game of chess - its just a shame there are two families and other loved ones caught up in the process. It must be horrendous for them.
ReplyDeleteThere is no other murderer. Any one who knows the case enough knows that Robert pruett is as guilty as guilty can be. He has and is wasting peoples time and money! this cycle of appeals and stays is ridiculous! I just wonder what his attorneys will say if his DNA is uncovered on the weapon? Testing and results should be complete by the 28th right?
ReplyDeleteI am not saying Pruett is innocent, not at all. However, David Dow is prepared to go to any lengths to keep him out of the death chamber. There is a good chance another person's DNA WILL be on the shank, the materials used to make the weapon belonged to Pruett's cell mate (as Admin said earlier). Does that mean Pruett is innocent? not at all, nor does it make the cell mate the murderer. BUT it isn't really Dow's goal to prove innocence, despite what he says to the media, he is going for reasonable doubt - just enough confusion to get Pruett off death row. I have a hard time beliving all the necessary tests etc will be completed by the 28th of May - so we can expect appeals/requests for extensions regarding that. It is a ridiculous game, I agree and sadly the victims are the families - one side who have been waiting for justice and another side who have to constantly deal with the loss of a loved one - at some point. There can be no closure for them yet.
ReplyDeleteThe BBC documentary only plays a small portion of the taped interview with Pruett for a reason, it is chilling.
ReplyDeleteOn December 30th at another unit they interviewed Pruetts cellie who was also removed from McConnell the night of the murder. Shelton Phillips was implicated, and the original testing of the tape on the end of the weapon was revealed to be "consistent" with Phillips tape. The interview with Phillips is also very chilling and revealing. In the interview Phillips admits that Pruett was in the multipurpose room, admits to giving Pruett tape from his craft shop bin, admits that he witnessed the incident, but would not comment on the murder. Phillips was cleared in that he was locked in the craft room at the time of the incident, however if it can be proven that Phillips was involved in the murder and knew about the murder it won't help Pruett, but definitely hurt Phillips. Phillips is still incarcerated and not hard to locate.
The case investigation synopsis can be found in Pruetts appeal here
http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=740e90d4-98da-4f92-8d9e-47f9aa2e204e&coa=coscca&DT=RECORD&MediaID=5aef73ab-c6fc-4dea-b5a3-0db7a8fc3a93
around page 104 (pdf) starts the notes, but if you read Shelton Phillips statement, there is really little room for doubt in this case.
On the bbc documentary The investigator suggests Robert was mad, tired and hot, and Robert replies ' Let me tell you this, I am not right' I was wondering what he was referring to when he made that statement about him not being right? It's the only section they played. Can you shed any light?
ReplyDeletehe goes on to say he "feels like there are two of me sometimes". He goes on to say " I am going to die anyways so I guess it is justice if I did it".
ReplyDeleteIsn't that as good as admitting it? It is beyond me how he has so many supporters but then I remember the bullshit bias documentary the BBC did, and it helps that he is young, white, and some what intelligent. Truth comes out in the end, might take 15years but I have hope
ReplyDeleteIf you read everything in the case published and unpublished you would know that pruett asked for an eterny/lawyer and was refused until 13 hrs after his arrest so can you say he was treated fairly I say not
DeleteYes, he was treated fairly. At his first court appearance he was appointed an atty. His rights were not violated.
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