Saturday, April 24, 2010

CAMERON TODD WILLINGHAM; ANALYSIS; APRIL 23 MEETING TEXAS FORENSIC SCIENCE COMMISSION; DAVE MANN; TEXAS OBSERVER; CYNICS NOT DISPROVED;



"IN THE END, THE COMMISSION COMMITTED TO KEEP INVESTIGATING, WHICH ITSELF IS PROGRESS. BUT IT REMAINED UNCLEAR WHAT THE NEXT STEP WILL BE, HOW LONG IT WILL TAKE, AND WHETHER THE COMMISSION WILL EVER HEAR TESTIMONY FROM BEYLER, WHOSE SCHEDULED APPEARANCE WAS CANCELED IN SEPTEMBER WHEN GOV. PERRY SHOOK UP THE COMMISSION.

THE WILLINGHAM INQUIRY WILL CONTINUE. THE DETAILS, THOUGH, REMAIN A MYSTERY. AND NOTHING HAPPENED AT TODAY’S MEETING TO DISPROVE THE CYNICS OUT THERE WHO SUSPECT THAT THE INVESTIGATION WILL DRAG ON UNTIL AFTER THE NOVEMBER GOVERNOR’S ELECTION..."

REPORTER DAVE MANN: TEXAS OBSERVER; ( Wikipedia informs us that: The Texas Observer (also known as the Observer) is an American political newsmagazine published bi-weekly and based in Austin, Texas. Though nonpartisan, the publication has historically been an advocate for liberal political policies. The Observer was founded by Frankie Randolph and founding editor Ronnie Dugger in Austin in 1954 to address topics ignored by daily newspapers in the state — such as issues affecting working people and concerning class and race.[2] Upon its founding, Dugger declared the paper's manifesto as "We will serve no group or party but will hew hard to the truth as we find it and the right as we see it." The publication continues this mission through today by focusing on covering what the mainstream press does not. For instance, the Observer broke the story of an allegedly crooked narcotics investigation in Tulia, Texas, that led to front-page coverage in The New York Times and other national news outlets. Tom Coleman, the narcotics investigator in the tiny town, was eventually accused of trumping up drug bust information, mostly aimed at African Americans. Coleman claimed he had made more than 100 undercover drug purchases from 46 different drug dealers (40 of whom were black). About a dozen of the accused were sentenced, some for up to 90 years (based almost entirely on his personal accounts with virtually no corroborating evidence) before authorities stopped to investigate Coleman's practices, largely due to the Observer's reporting. Coleman was found guilty of one charge of perjury, for which he was sentenced to seven years probation. Fitting with its "muckraking" reputation[5], the publication's slogan is: "Sharp reporting and commentary from the strangest state in the Union." The Observer often garners more laurels from those who live outside Texas's borders than those within — The New York Review of Books described it as "That outpost of reason in the Southwest." John Kenneth Galbraith said the Observer is a "well-researched journal which more orthodox Texas statesmen feel should not have the protection of the First Amendment." The Observer operates on a shoestring budget — it accepts few advertisements, supporting itself through subscriptions and occasional benefit banquets. Dave Mann is described as being with the Observer since 2003. Before that, he worked as a reporter in Fort Worth and Washington, D.C. He was born and raised in Philadelphia.)

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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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"Updated at 2:13 p.m.: A room full of reporters and activists waited most of the day to hear the Texas Forensic Science Commission at long last discuss the infamous Cameron Todd Willingham case"
the 23 April, 2010 update by Texas Observer reporter Dave Mann begins, under the heading, "Update from Forensic Science Meeting."

"When the case finally came up, the result was anti-climactic," the story continues.

"The commission members agreed that they would keep investigating the Willingham case and that they needed more information. The commission has assigned four of its members to examine the flawed forensic evidence used to convict Willingham of starting the 1991 house fire that killed his three children. Willingham was executed in 2004.

In December 2008, the commission hired an outside expert to examine the Willingham case. That expert, Dr. Craig Beyler, delivered his report in August 2009 in which he concluded the fire science in the case was outdated and discredited. That’s when Gov. Rick Perry intervened, replacing three commissioners and the putting the investigation on hold.

But the commission—even under its previous chair—had always intended to obtain testimony and input from other experts, including the prosecutors and local fire marshal’s office that worked on the Willingham case.

“We’ve only just begun this investigation,” said commission member Sarah Kerrigan. She said there was a misunderstanding by the public that Beyler’s report was the final report of the commission. That’s not the case, she said. The commission still must solicit input from other experts. Kerrigan wants the four-person Willingham panel to meet with a number of experts in the case, including Beyler. That meeting may well happen behind closed doors.

Chair John Bradley pointed out that the commission hadn’t even obtained a full transcript of Willingham’s trial yet. Nizam Peerwani, the Fort Worth medical examiner, said he wanted to see the video made of the fire scene at Willingham’s house.

In the end, the commission committed to keep investigating, which itself is progress. But it remained unclear what the next step will be, how long it will take, and whether the commission will ever hear testimony from Beyler, whose scheduled appearance was canceled in September when Gov. Perry shook up the commission.

The Willingham inquiry will continue. The details, though, remain a mystery. And nothing happened at today’s meeting to disprove the cynics out there who suspect that the investigation will drag on until after the November governor’s election."

The story can be found at:


http://www.texasobserver.org/contrarian/update-from-forensic-science-meeting

Harold Levy...hlevy15@gmail.com;