It seems there was valid cause for investigating Robert Donnell as a possible suspect in the murders, and this investigation could have been significantly advanced by the forensic examination of evidence readily available from the bodies of the victims, including rape kit samples taken from the body of Twila Busby. Whether these tests would have implicated Donnell or not is, in the instant case, to some degree irrelevant. The main point is that they could potentially have positively excluded Hank Skinner from suspicion. On this Steven C. Losch, Attorney at Law states:
“Dr. Peacock preserved a cotton swab of Twila Busby’s vagina and combings of her pubic hairs in a rape kit. That evidence could have shown that Twila had sexual intercourse with someone other than appellant [Hank Skinner] on or about the night of the murder.”
The Statement of Testimony at Trial summarises the intellectual position of Detective Terry Young, investigating officer, who “…believed that it was important to test it [the rape kit evidence], but Stallings decided not to have the tests done because he believed that Twila was not raped. Stallings did not know that Twila’s pants were unzipped and her blouse was raised above her stomach when her body was found”. Of this, Dr. Glenn Larkin MD, forensic pathologist states: “While the unzipped pants at least suggests a sexual motivation and at least an attempt at sexual intercourse – which would add a new dimension to this case – testing for recent sexual activity was not done, (!) which is inexplicable. If swabs or washings were taken, they can still be tested for the presence of spermatozoa or alkaline phosphatase, and arguably secretor status and blood type. This is inexpensive, and simple to do, then as it is now. The lack of performing this simple test places the entire medical-legal investigation in doubt. Stallings has a lot to explain (another Fred Zain??)”