TEXAS SENATE MAKES IT EASIER TO CHALLENGE DISCREDITED FORENSIC EVIDENCE: WILLINGHAM CASE CITED; MARSHALL NEWS MESSENGER REPORTS; BILL OFF TO HOUSE;

One case to attract attention was that of Cameron Todd Willingham, convicted in a fire that destroyed his family home in Corsicana two days before Christmas in 1991.

According to investigators, Willingham poured a combustible liquid on the floor and intentionally set the house on fire, resulting in the death of his three children. He was executed in February 2004, but the New York-based Innocence Project and other advocates have since called his conviction into question based on advancements in arson investigations.

Reporter Mike Ward: Marshall News Messenger. A daily newspaper published in Marshall, Texas;

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"Criminals who were sent to prison — or sentenced to death — based on discredited scientific evidence would be given a new way to challenge their convictions under a bill yesterday morning by the Texas Senate," the story by reporter Mike Ward published today by MarshallNewsmessenger.com begins;

"In recent years, an increasing number of arson and gunshot convictions in Texas have triggered alarm as new technology proved earlier evidence wrong, and convictions were cast into doubt — including at least one case in which the prisoner was executed," the story continues;

"The measure by state Sen. John Whitmire, D-Houston, would allow discredited scientific evidence that figured in a criminal conviction to be considered by an appeals court in order to establish the innocence of a defendant.

“This could help restore someone’s liberty in cases where discredited evidence was used to convict them,” Whitmire said. “I majored in political science, not forensic science, but I know this will improve current law.”

Advancements in forensic testing — DNA, ballistics and arson — have led to new evidence being uncovered in several cases in Texas. Whitmire said that led him to file the bill, which clarifies how discredited scientific evidence can be used in court appeals.

Key issue for those appeals: That the new information could not have been known earlier, when the defendant was convicted, because the science used to validate it has since been invalidated.

Senate Bill 1256 was supported by prosecutors, Whitmire told the Senate.

One case to attract attention was that of Cameron Todd Willingham, convicted in a fire that destroyed his family home in Corsicana two days before Christmas in 1991.

According to investigators, Willingham poured a combustible liquid on the floor and intentionally set the house on fire, resulting in the death of his three children. He was executed in February 2004, but the New York-based Innocence Project and other advocates have since called his conviction into question based on advancements in arson investigations.

Whitmire’s measure, one of several bills this session that seek to upgrade state law based on emerging investigative technology, was approved unanimously on a voice vote. It now goes to the House for consideration."

Harold Levy...hlevy15@gmail.com;