Thursday, September 16, 2010

CAMERON TODD WILLINGHAM: SCIENCE PANEL'S DRAFT REPORT COMING UNDER FIRE AS FINAL SESSION ON CASE LOOMS; HOUSTON CHRONICLE;


"The case has drawn intense scrutiny from the national media, and Bradley, appointed by Gov. Rick Perry to replace commission chairman Sam Bassett in September 2009, frequently has been criticized by Willingham supporters.

One of Bradley's first acts as chairman was to put the investigation on hold for almost seven months, canceling a commission session at which Beyler was to testify.

Bassett later complained Perry employees had twice grilled him about the investigation, telling him that hiring Beyler was a waste of money.

REPORTER ALLAN TURNER: THE HOUSTON CHRONICLE;

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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 were 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. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

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PUBLISHER'S NOTE: I was amused to learn earlier today that the Motto of the Texas Forensic Science Commission is "Justice through Science." How ironic is that? Since the Commission was reorganized and stacked by Texas Governor Rick Perry it has been anything but "just" or respectful of science. Displaying classical tunnel vision it has been utterly geared and manipulated toward one set of goals: publicly confirming the guilt of Cameron Todd Willingham, exonerating the "experts" whose flawed opinions resulted in his execution, and covering up the tragic reality that Texas executed an innocent man. How just is that? Moreover the Commission has refused to recognize the forensic reports which shed such disturbing light on the opinions of arson "experts" expressed all too clearly at the time. How is that in the spirit of truly scientific Inquiry? If anything, the motto of the Commission should be, "Justice Through Science As Tainted by the Ugly Reality of Texas Politics." I find it hard to believe that the members of a Commission supposedly committed to "Justice Through Science" would abdicate its responsibility to expose the faulty science behind Willingham's conviction in order to ensure that innocent persons imprisoned because of it have the opportunity to secure their freedom and exoneration. But I'm not totally surprised by the Commission's recalcitrance in light of innocence lawyer Barry Scheck's powerful analogy that the Cameron Todd Willingham case is the Dreyfus Affair of the United States. There was little the French government wouldn't stoop to in order to avoid exposure of it's wrongful prosecution for treason of Alfred Dreyfus. Similarly it appears that the Texas government will go to any length to maintain the myth that Willingham was guilty. The good news is that some truths are too dark and monumental to bury. The French government failed and I trust that Governor Perry and his cohorts will too. One can only hope that at least one or two members of the Commission will have the courage and character to stand up both for "justice" and "science" and not allow the ugly stench of politics to get in the way.

HAROLD LEVY: PUBLISHER; THE CHARLES SMITH BLOG;

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"After two years of sometimes acrimonious and politically charged investigation, the Texas Forensic Science Commission on Friday is set to rule on the soundness of arson probes that helped send a Corsicana man to his execution,"
the Sept. 15, 2010 Houston Chronicle story by reporter Allan Turner begins, under the heading, "Arson panel's draft report blasted: Commissioners' final word on case that led to execution comes Friday."

"But even as commissioners hoped to finally lay the Cameron Todd Willingham case to rest, storm clouds were rising,"
the story continues.

"In response to a commission draft report that clears state and local arson officials of professional negligence or misconduct, Innocence Project co-founder Barry Scheck on Wednesday blasted the panel's review as heavy-handed and unfair.

And Craig Beyler, the International Association of Fire Safety Science chairman hired to evaluate the investigations, worried that he has had no "substantive interaction" with commissioners since he filed his report on the case about a year ago.

The panel's review of investigations in the December 1991 house fire that killed Willingham's three young children was launched in 2008 in response to a complaint from Scheck's organization. Willingham, 36, went to his February 2004 execution claiming his innocence.

'Flawed science'

The case has drawn intense scrutiny from the national media, and Bradley, appointed by Gov. Rick Perry to replace commission chairman Sam Bassett in September 2009, frequently has been criticized by Willingham supporters.

One of Bradley's first acts as chairman was to put the investigation on hold for almost seven months, canceling a commission session at which Beyler was to testify.

Bassett later complained Perry employees had twice grilled him about the investigation, telling him that hiring Beyler was a waste of money.

At the commission's July meeting, a four-member panel investigating the Willingham case conceded arson investigators employed "flawed science" in conducting their probes. The panel then authorized drafting a report that would consider whether officers had adhered to investigation standards generally accepted in Texas at the time. That report became public this week after The Associated Press obtained a copy through a public information request.

At least three reviews of the investigations, including Beyler's, were highly critical of the work done by arson officers.

In his 50-plus page report to the commission, Beyler dismissed some testimony from State Assistant Fire Marshal Manuel Vasquez as "hardly consistent with a scientific mind-set and is more characteristic of mystics or psychics."

Beyler on Wednesday said he avoided offering an opinion regarding negligence or misconduct on the part of the officers.

"I investigated whether they adhered to the standards at the time and found it wanting," he said.
Pointing fingers

Beyler said he would have welcomed an opportunity to answer commissioners' questions in the give-and-take of a face-to-face meeting. Bradley said the commission unanimously voted to limit its communication with Beyler to writing.

Scheck criticized the draft report, which he said failed to address "highly improper statements" Vasquez made to jurors asserting that the fire told a truthful story and that Willingham had set the blaze to kill his children.

He faulted the report, too, for failing to address what he called "duty to correct." Improved standards for arson investigations promulgated by the National Fire Protection Association months after the Corsicana blaze should have been brought to the attention of prosecutors and judges before Willingham's execution, he said.

"I'm extremely disturbed by the process John Bradley has imposed," Scheck said. "This has not been exactly a robust and open discussion. ... He certainly has not given us as complainants the opportunity to be heard."

The Innocence Project contends Willingham's case marks an instance of Texas executing an innocent man. Commission members, including former chairman Bassett, however, insist the panel's mission is simply to vet the quality of arson investigations, not determine Willingham's guilt or innocence."


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The story can be found at:

http://www.chron.com/disp/story.mpl/metropolitan/7203034.html

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;