After more than a decade of unsuccessful efforts to obtain DNA testing of evidence collected at the scene of a 1993 Pampa murder that sent him to death row, Henry Skinner won a major battle Friday when Texas Attorney General Greg Abbott recommended to a state appeals court that the testing take place.

In a filing with the Texas Court of Criminal Appeals, which is considering Skinner's latest request for the tests, Abbott said the state and Skinner's lawyers have reached a "preliminary understanding" to do the testing. The court still must approve the lawyers' agreed order.

Skinner, 50, was sentenced to die for the 1993 New Year's Eve murder of his girlfriend and her two adult sons. The convicted killer has argued that he had lost consciousness after consuming alcohol and codeine and, therefore, was not able to bludgeon the woman or stab her sons.

While some evidence had been subjected to DNA testing, clothing, knives and biological samples, including specimens from a rape examination, have not been tested.

Skinner has had at least two execution dates set. Last November, the appeals court issued a stay to ascertain how revised laws regarding such testing may apply to his case.

In his filing, Abbott said the state dropped its objections to testing "in the interest of justice." The attorney general also told the court the state will request testing of additional items submitted by prosecutors.

Skinner's lawyer, Rob Owen, visiting professor at Northwestern School of Law, said prosecutors had "squandered" an opportunity to test the items 12 years ago by barring defense counsel from a role in the deciding the issue.

"Texans expect accuracy in this death penalty case, and the procedures to be employed must ensure them confidence in the outcome," Owen said in an email. "To that end, all determinations about how and by whom the evidence will be handled and tested must be entirely transparent with both parties involved in every step."

allan.turner@chron.com

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AG agrees to DNA tests in convicted killer's case