"THE CASE HAS DRAWN NATIONAL ATTENTION, BECOMING A RALLYING POINT FOR ANTI-DEATH PENALTY GROUPS SAYING TEXAS MAY HAVE EXECUTED AN INNOCENT MAN ON GOV. RICK PERRY'S WATCH. THE CONTROVERSY INTENSIFIED IN THE FALL WHEN PERRY REPLACED FOUR OF THE NINE COMMISSIONERS. COMMISSION CHAIRMAN JOHN BRADLEY TOLD THE STAR-TELEGRAM IN E-MAILS LAST WEEK THAT THE COMMISSION WILL DISCUSS THE WILLINGHAM CASE AND OTHER PENDING COMPLAINTS WHEN IT MEETS AT THE OMNI MANDALAY HOTEL AT LAS COLINAS. IT IS NOT KNOWN HOW LONG RESOLVING THE WILLINGHAM CASE WILL TAKE."
REPORTER DAVE MONTGOMERY; THE STAR=TELEGRAM;
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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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"AUSTIN -- After months of delay and internal upheaval, the revamped Texas Forensic Science Commission is poised to reopen discussion of the Cameron Todd Willingham case when it meets April 23 in Irving," the Star-Telegram story by reporter Dave Montgomery, published on April 10, 2010, begins, under the heading, "Texas Forensic Science Commission to reopen discussion of Willingham case this month."
"Tarrant County Medical Examiner Nizam Peerwani, appointed to the panel in December, is likely to play a central role in the inquiry to determine whether a flawed arson investigation led to Willingham's execution in 2004," the story continues.
"The commission also includes two other members from Fort Worth: defense attorney Lance Evans and Jay Arthur Eisenberg, a professor and chairman of the department of forensic and investigative genetics at the University of North Texas Health Science Center at Fort Worth.
The meeting will mark the first time that the commission has revisited the Willingham case since a membership shake-up halted the inquiry more than six months ago.
"I think the commission is looking forward to being able to get down to work," said Evans, who was appointed in October.
Willingham, an unemployed Corsicana mechanic, was convicted of setting a house fire in 1991 that killed his three daughters. But several fire experts, including one hired by the commission, have challenged the arson findings, raising the possibility that the fire may have been accidental.
Controversy, criticism
The case has drawn national attention, becoming a rallying point for anti-death penalty groups saying Texas may have executed an innocent man on Gov. Rick Perry's watch. The controversy intensified in the fall when Perry replaced four of the nine commissioners.
Commission Chairman John Bradley told the Star-Telegram in e-mails last week that the commission will discuss the Willingham case and other pending complaints when it meets at the Omni Mandalay Hotel at Las Colinas. It is not known how long resolving the Willingham case will take.
Bradley, who is the Williamson County district attorney and was named by Perry to replace ousted Chairman Sam Bassett, came under fire at a legislative hearing last week for what critics suggested was a heavy-handed leadership style that stifles public discussion. Bradley, who was not at the hearing, later called the assertions unwarranted and his approach fair and inclusive.
"I'm not knocking their right to criticize," Bradley said. "I'm just suggesting that it isn't a balanced view of our work."
A new approach
In a meeting in January, the restructured commission adopted policies and procedures that Bradley said were necessary before the commission can move forward on pending investigations, including the Willingham case.
The new policies call for creating separate panels to screen complaints and handle investigations, with recommendations ratified by the full commission. Panel members are appointed by the chairman, subject to approval by the commission.
Bradley declined to discuss the commission's investigations, but three other commissioners said the Willingham inquiry has been tentatively assigned to a three-member investigation panel: Bradley, Peerwani and Sarah Kerrigan, a forensic toxicologist and director of a regional crime lab at Sam Houston State University in Huntsville."
The story can be found at:
http://www.star-telegram.com/2010/04/10/2104682/texas-forensic-science-commission.html
Harold Levy...hlevy15@gmail.com;
