There is DNA from the crime scene that could exonerate Skinner -- or could affirm his guilt -- that has never been tested. That includes blood from the murder weapon, blood from a jacket left in Busby's home, a rape kit taken from Busby, scrapings from under Busby's fingernails and hairs she was clutching at the time of her death -- hairs that likely came from her killer. For more than a decade, Hank Skinner's legal team has tried to get that evidence tested, at no cost to the state of Texas. And for more than a decade, the Texas 31st District Attorney's Office has refused.

Skinner isn't exactly a poster boy for wrongful conviction. He had previously been convicted of assault, and by his own admission he was at the scene of the crime the night of the murders. Skinner's neighbor and ex-girlfriend told police that Skinner came to her home after the crime and implicated himself, then rattled off a number of contradictory stories.

But Skinner has maintained from the night he was arrested that he was passed out from a mixture of alcohol and codeine when the murders were committed. His defense team has produced testimony from toxicology experts who say Skinner had far too high a concentration of the drugs in his system for him -- a slight man at the time -- to have killed an adult woman and her two adult sons. At best he was groggy. He was likely unconscious. The state did conduct DNA testing on blood smears on Skinner's shirt, which matched two of the victims. But that could be consistent with Skinner's story, which is that he woke to find the bodies and tried to jostle the victims to see if they were still alive.