Is there any legal, ethical, political need to retain evidence of any kind (biological or not) after the defendant is executed. We are now about five years post-mortem, and no one has sought the evidence or raised any actual innocence claims.

Compare Article 2.21 that applies to Clerks with Article 38.43 that applies to everyone holding evidence. Note that 38.43 controls over 2.21 when they conflict. There may be some evidence retention rules for police agencies published by the State library. I have worked on this issue in the past and would be glad to talk to you about it.

Since our defendant was executed, I do not think we have any further legal duty to retain the evidence. The question is more one of policy - is it OK to destroy the evidence or is it a better policy to retain it until...?

FWIW, if you maintain it just for the sake of it, you make get sued like Bill Burnett down in San Jacinto County if you refuse to turn it over later:

Thread: Actual Innocence Project Request