Radley Balko on why Texas might try to prevent anti-death penalty groups, as well as the rest of the world, from finding out whether Texas executed an innocent man:

Now, I can think of some reasons why a prosecutor would want to destroy a piece of physical evidence that could prove that the state executed an innocent man. But none of them are compatible with…um…being a human being.

Perhaps, for example, the prosecutor was one of the prosecutors who worked on the case, and doesn’t want the stain on his career that might come with a wrongful execution. Perhaps he wants to avoid the inevitable stain on Texas’ already execution-happy reputation that would come with proof that the state executed an innocent man. Perhaps he knows that proof of a wrongful execution will make it much more difficult for him to win death penalty cases in the future.

But here’s the thing: While I can perhaps see a prosecutor harboring such sentiment deep down inside, I can’t possibly conceive of anyone actually making these sorts of arguments publicly. Or with a straight face.

Claude Jones was executed in 2000 for the robbery/murder of a liquor store owner. During trial, the State’s expert proclaimed that a hair found at the scene ‘matched’ that of the defendant. The Texas Court of Criminal Appeals cited the ‘matching hair’ as the corroboration necessary to affirm Jones’ death sentence.

Blogs have recently been covering the story of Texas’ attempt to block finding out whether this ‘crucial’ hair evidence would have actually exonerated Jones. See: StandDown Texas Project, the Innocence Project, Jeralyn Merritt, the Texas Moratorium Project, Capital Defense Weekly, DeathWatch, Grits for Breakfast, PWC Consulting, and finally, a tie for my two favorite blog post titles about this story, from Amnesty International USA “Hair Today, Not Gone Tomorrow” and from Yank in London ‘We’ll expect a retraction and an apology”.

Speaking of retractions/apologies, let’s get to the title of this post “Execution is Proof of Guilt”. There are definitely folks that need Jones to not be found innocent after the fact: death penalty supporters. Because he has already been executed, he is and will remain guilty.

I make this prediction. There will be 1 of 2 possible reactions to the results of the DNA test.

#1) The DNA test proves that indeed it was Jones’ hair at the scene of the crime. The reaction will be, basically “Ha Ha Ha,” and “See, we told you that the anti-death penalty crowd is just a bunch of murder lovers”.

#2) The DNA test proves that it was not Jones hair at the scene. The reaction from the pro-death penalty folks? Will it be, good grief an innocent man was executed? No. We will see all sorts of rationalizations that “just because the hair follicle wasn’t his, doesn’t mean he didn’t do it,” and “they didn’t prove his innocence”.

I’ll follow up on this when the results are in. In the meantime, anyone want to predict other possible reactions from the pro-Death crowd?