Thursday, September 10, 2009

UPDATE: CAMERON TODD WILLINGHAM CASE; BEYLER REVIEW TO BE PRESENTED TO TEXAS PANEL ON OCTOBER 2, 2009;



"AN INDEPENDENT REVIEW THAT CLAIMS THE ARSON INVESTIGATION THAT LED TO THE EXECUTION OF CAMERON TODD WILLINGHAM WAS FLAWED WILL BE PRESENTED TO A STATE PANEL OCT. 2 IN DALLAS.

THE TEXAS FORENSIC SCIENCE COMMISSION WILL HOLD ITS NEXT QUARTERLY MEETING AT 9:30 A.M. OCT. 2 AT THE OMNI MANDALAY HOTEL AT LAS COLINAS. ON THE AGENDA IS A REVIEW AND DISCUSSION OF THE REPORT ON THE INVESTIGATION INTO THE WILLINGHAM CASE...

THE REVIEWER, CRAIG BEYLER, WILL BE ON HAND AT THE MEETING AND WILL ANSWER QUESTIONS FROM THE PANEL."

REPORTER JANET JACOBS; THE CORSICANA DAILY SUN;

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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 Corsicana Daily News reported yesterday that the recently released independent review pointing to Cameron Todd Willingham's innocence will be presented to a state panel on October 2, 2009 - and that Craig Beyler, the reviewer will be present.

"An independent review that claims the arson investigation that led to the execution of Cameron Todd Willingham was flawed will be presented to a state panel Oct. 2 in Dallas," reporter Janet Jacobs story begins, under the heading, "State panel to hear Willingham arson report" and the sub-heading, "Investigator to share findings in Willingham case."

"The Texas Forensic Science Commission will hold its next quarterly meeting at 9:30 a.m. Oct. 2 at the Omni Mandalay Hotel at Las Colinas," the story continues.

"On the agenda is a review and discussion of the report on the investigation into the Willingham case.

Willingham was executed in 2004 for murder, having been convicted of killing his three small daughters in a 1991 house fire in Corsicana. At the request of the Innocence Project the commission contracted with an independent company to review the case for possible forensics errors.

The reviewer, Craig Beyler, will be on hand at the meeting and will answer questions from the panel.

In his report, issued on Aug. 17, Beyler was critical of the investigation, primarily based on the court testimony. Local investigators have said the report is incomplete and misrepresents the work done in the case.

Also at the meeting, the commissioners will draft specific language on the types of responses needed from the Texas Fire Marshal’s office, according to the agenda. The case was investigated by local fire officials, and state fire arson investigators.

The primary investigator with the state fire marshal’s office has since died.

The fire marshal’s office will be allowed some months to respond, and the commission will issue its final verdict in the case next spring."


The story can be found at:

http://www.corsicanadailys/news/local_story_251223218.html?keyword=topstory

Harold Levy...hlevy15@gmail.com;