"DAVIS' AND WILLINGHAM'S CASES AGAIN RAISE STRONG QUESTIONS ABOUT CAPITAL PUNISHMENT AND WHETHER IT CAN EVER BE FAIRLY ADMINISTERED, ESPECIALLY WHEN THE DEFENDANT IS POOR OR A MINORITY, LIKE DAVIS, AND STATISTICALLY MORE LIKELY TO GET A DEATH SENTENCE. TWO MEN SENT TO PENNSYLVANIA'S DEATH ROW WERE LATER EXONERATED. THE RISK OF A WRONGFUL EXECUTION IS SIMPLY TOO GREAT TO CONTINUE WITH CAPITAL PUNISHMENT."
THE PHILADELPHIA INQUIRER;
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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."
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The Philadelphia Inquirer
"If justice is served, Troy Davis won't become another Cameron Willingham," the September 2, 2009 Philadelphia Inquirer editorial, under the heading, "The risk in getting it wrong," begins.
"Davis is facing execution in Georgia for the 1989 murder of an off-duty Savannah police officer, but whether he actually committed the crime is questionable," the editorial continues.
"Questions were also raised about the guilt of Willingham, but he was executed in Texas five years ago for murder in an alleged arson fire that killed his three children. Now, there is new scientific evidence that Willingham was innocent.
An arson expert hired by the Texas Forensic Science Commission has issued a report that says there was no basis for a conclusion that arson caused the 1991 fire. He said the blaze that killed the three children may have been accidentally set.
"I have been persecuted 12 years for something I didn't do," were Willingham's last words.
His case epitomizes why capital punishment must end. Even if it happens only once, that's too often when the result might be the execution of an innocent person.
Davis received a last-minute reprieve last month, when the U.S. Supreme Court ordered his case reheard to consider new evidence that might clear him. It was the first time in half a century that the high court took such a step.
"The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing," said Justice John Paul Stevens in the majority opinion.
Until the Supreme Court's ruling, lower federal and state courts had repeatedly denied Davis' appeal for a new trial.
Georgia prosecutors maintain they convicted the right person. But they have presented neither physical evidence nor a weapon linking Davis to the crime. And seven of the nine witnesses who testified that Davis was the killer have since either recanted or changed their stories.
Pope Benedict XVI, former President Jimmy Carter, and Archbishop Desmond Tutu are among those who have called for clemency for Davis.
States such as Pennsylvania, which remain committed to the death penalty, should take note.
Davis' and Willingham's cases again raise strong questions about capital punishment and whether it can ever be fairly administered, especially when the defendant is poor or a minority, like Davis, and statistically more likely to get a death sentence.
Two men sent to Pennsylvania's death row were later exonerated. The risk of a wrongful execution is simply too great to continue with capital punishment."
The editorial can be found at:
http://www.philly.com/inquirer/opinion/20090902_Editorial__The_risk_in_getting_it_wrong.html
Harold Levy...hlevy15@gmail.com;
