Just weeks away from execution, a Texas death row inmate is asking the courts to force prosecutors to turn over knives and clothing that were never tested for DNA, claiming that the evidence could show he didn’t kill his girlfriend and her sons nearly two decades ago.

But prosecutors say the latest request from Henry Watkins Skinner, who came within an hour of lethal injection last year before the U.S. Supreme Court stepped in, is an empty tactic to again delay his death.

Read those two sentences again. Then reflect on how well our system is working.

Now that you’ve had a minute to think about it, here’s some more:

Defense attorneys also argue that a new state law allows DNA testing of evidence even if the offender chose not to seek testing before trial.

Prosecutors contend the DNA request is a delay tactic, saying Skinner’s claims about the evidence aren’t new and that other courts have already decided the issue. The Texas Attorney General’s Office, in its written arguments, said the new state law still blocks additional DNA testing in Skinner’s case.

“It is the responsibility of this court to close the door on the dilatory and piecemeal litigation tactics that Skinner has deployed, and establish a precedent that will deter other death row inmates (and their lawyers) from following Skinner’s example,” Texas Solicitor General Jonathan Mitchell wrote to the court.

There’s DNA evidence available to be tested, the inmate claims to be innocent, there’s a new law that allows for inmates to request DNA testing, the Supreme Court stepped in in this case and said the evidence should be tested … but the DA and Solicitor General are refusing to test the evidence to set an example so that other inmates won’t try to procedurally delay their own executions by foolishly insisting that laws and court rulings should have some impact on whether or not they can attempt to demonstrate their innocence.

This is the system at work.

Skinner is scheduled to be executed on November 9. You can add your name to a petition asking the district attorney to grant DNA testing here.