Thursday, April 8, 2010

CAMERON TODD WILLINGHAM: STATE LAWMAKERS QUESTION MOTIVATION OF CHAIR OF TEXAS FORENSIC SCIENCE COMMISSION REVIEWING ARSON EVIDENCE IN CASE;


"THE LAWMAKERS WANTED TO HEAR ABOUT CHANGES THAT BRADLEY HAS ATTEMPTED TO INSTITUTE – INCLUDING ASKING HIS FELLOW COMMISSIONERS TO DESTROY MOST OF THEIR E-MAILS AFTER A DAY AND TO NOT SPEAK WITH THE MEDIA. HE ALSO HAS SOUGHT TO DISCONTINUE THE COMMISSION'S PRACTICE OF ALLOWING MEMBERS FROM THE PUBLIC TO ADDRESS THEM DURING THEIR MEETINGS, HIS COLLEAGUES SAID. SUCH DIRECTIVES "REALLY UNDERMINE PUBLIC CONFIDENCE. THAT'S WHAT WE'RE ASKING ABOUT," SAID REP. STEPHEN FROST, D-ATLANTA."

REPORTER CHRIST HOPPE: THE DALLAS MORNING NEWS;

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BACKGROUND: (Wikipedia); Cameron Todd Willingham (January 9, 1968 – February 17, 2004), born in Carter County, Oklahoma, was sentenced to death by the state of Texas for murdering his three daughters—two year old Amber Louise Kuykendall, and one year old twins Karmon Diane Willingham and Kameron Marie Willingham— by setting his house on fire. The fire occurred on December 23, 1991 in Corsicana, Texas. Lighter fluid was kept on the front porch of Willingham’s house as evidenced by a melted container found there. Some of this fluid may have entered the front doorway of the house carried along by fire hose water. It was alleged this fluid was deliberately poured to start the fire and that Willingham chose this entrance way so as to impede rescue attempts. The prosecution also used other arson theories that have since been brought into question. In addition to the arson evidence, a jailhouse informant claimed Willingham confessed that he set the fire to hide his wife's physical abuse of the girls, although the girls showed no other injuries besides those caused by the fire. Neighbors also testified that Willingham did not try hard enough to save his children. They allege he "crouched down" in his front yard and watched the house burn for a period of time without attempting to enter the home or go to neighbors for help or request they call firefighters. He claimed that he tried to go back into the house but it was "too hot". As firefighters arrived, however, he rushed towards the garage and pushed his car away from the burning building, requesting firefighters do the same rather than put out the fire. After the fire, Willingham showed no emotion at the death of his children and spent the next day sorting through the debris, laughing and playing music. He expressed anger after finding his dartboard burned in the fire. Firefighters and other witnesses found him suspicious of how he reacted during and after the fire. Willingham was charged with murder on January 8, 1992. During his trial in August 1992, he was offered a life term in exchange for a guilty plea, which he turned down insisting he was innocent. After his conviction, he and his wife divorced. She later stated that she believed that Willingham was guilty. Prosecutors alleged this was part of a pattern of behavior intended to rid himself of his children. Willingham had a history of committing crimes, including burglary, grand larceny and car theft. There was also an incident when he beat his pregnant wife over the stomach with a telephone to induce a miscarriage. When asked if he had a final statement, Willingham said: "Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby." However, his final words were directed at his ex-wife, Stacy Willingham. He turned to her and said "I hope you rot in hell, bitch" several times while attempting to extend his middle finger in an obscene gesture. His ex-wife did not show any reaction to this. He was executed by lethal injection on February 17, 2004. Subsequent to that date, persistent questions have been raised as to the accuracy of the forensic evidence used in the conviction, specifically, whether it can be proven that an accelerant (such as the lighter fluid mentioned above) was used to start the fatal fire. Fire investigator Gerald L. Hurst reviewed the case documents including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene. Hurst said, "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire." Two days before the Forensic Science Commission was to question Beyler in a public forum, the governor replaced its chairman and two other members whose terms were up. That forced the commission to delay the hearing so new members could read up on the case, and no new date has been set. Perry has since replaced a third member of the commission.

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"AUSTIN – State lawmakers suggested Wednesday that the prosecutor Gov. Rick Perry placed in charge of the Texas Forensic Science Commission is doing more to impede cases than investigate them," the story by Dallas Morning News reporter Christy Hoppe, published on April 8, 2010, begins, under the heading, "Lawmakers challenge Forensic Science Commission chairman's priorities."

"The chairman, Williamson County District Attorney John Bradley, has concentrated on clarifying the forensic commission's policies and procedures and putting them into a manual rather than holding hearings on a death-penalty case that has raised questions about arson convictions statewide, members of the House Public Safety Committee charged," the story continues.

"The lawmakers wanted to hear about changes that Bradley has attempted to institute – including asking his fellow commissioners to destroy most of their e-mails after a day and to not speak with the media. He also has sought to discontinue the commission's practice of allowing members from the public to address them during their meetings, his colleagues said.

Such directives "really undermine public confidence. That's what we're asking about," said Rep. Stephen Frost, D-Atlanta.

In October, Perry abruptly replaced three members of the nine-person forensics commission just as it was about to hear testimony from a fire expert in the arson case of Cameron Todd Willingham, who was executed in 2004.

Craig Beyler, a nationally recognized arson expert, is among a half-dozen prominent fire authorities who have questioned evidence in the case. Willingham was convicted of starting a Corsicana house fire that killed his two children. The experts' examinations found the fire investigation was fraught with what they called wives' tales and junk science.

Committee chairman Tommy Merritt, R-Longview, told two commission members who testified that taking six months to write a manual while not advancing in their investigations bothered him.

"I'm not very happy with what you're telling me," Merritt said. "Are we here to serve the public or are we here to throw up roadblocks to prevent you from doing your job? It appears to me we're throwing up roadblocks."

He also took Bradley to task for failing to appear for the hearing.

Bradley, contacted after the meeting, said he received a letter less than a week ago asking him to appear at a time when he was already committed to speak at a county leadership conference.

He pointed out that he has already testified before two other legislative committees, including one at which Merritt asked him questions.

And he said he has worked hard to create written standards and policies that will be clear to the forensic labs being held accountable.

"Those people have a right to understand what the written standards, policies and procedures should be," Bradley said.

He added: "I haven't been around long enough to be much of a roadblock."

Sarah Kerrigan, a forensic scientist and member of the commission, said the other members have been "uncomfortable" with some of Bradley's ideas, but they are trying to work together and give his ideas a chance."

The story can be found at:

http://www.dallasnews.com/sharedcontent/dws/news/politics/state/stories/DN-forensic_08tex.ART.State.Edition2.4c7a7e1.html

Harold Levy...hlevy15@gmail.com;