"SECRET MEETINGS RUN CONTRARY TO A BASIC PRINCIPLE OF PUBLIC SERVICE. STATE LAW AND THE TEXAS CONSTITUTION GIVE SOME INVESTIGATORY BODIES AUTHORITY TO CONDUCT BUSINESS CONFIDENTIALLY. THE STATE COMMISSION ON JUDICIAL CONDUCT IS ONE. THE FORENSICS COMMISSION, HOWEVER, IS NOT. NOWHERE DID LAWMAKERS GIVE THE COMMISSION THAT LATITUDE WHEN THEY CREATED IT IN 2005. PROCEDURES THE COMMISSION ADOPTED IN JANUARY ARE SILENT ON THE MATTER. SOME COMMISSIONERS SAID AFTER FRIDAY'S MEETING THAT THEY WERE SURPRISED THAT COMMITTEE SESSIONS WOULD BE DONE IN SECRET. WHEN PERRY INSTALLED BRADLEY AND THREE OTHER NEW MEMBERS LAST FALL, CRITICS HATCHED THE THEORY THAT THE GOVERNOR WANTED THE WILLINGHAM MATTER FROZEN UNTIL AFTER THE 2010 ELECTION. BRADLEY HAS SAID HE DIDN'T ACCEPT PERRY'S APPOINTMENT TO BE SOMEBODY'S PUPPET, AND WE'LL ACCEPT THAT AT FACE VALUE. AT THE SAME TIME, THOUGH, HE MUST SEE THAT PUBLIC CONFIDENCE IS AT STAKE. THE WAY TO PRESERVE THAT IS TO CONDUCT STATE BUSINESS WHERE THE STATE CAN SEE IT."
THE DALLAS MORNING NEWS;
----------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------
"The Texas Forensic Science Commission has taken a step forward and then tap-danced behind a cloud of secrecy under the leadership of new Chairman John Bradley," the Dallas Morning News editorial published on April 27, 2010, begins, under the heading, "Forensic panels should meet in public."
"Meeting Friday for just the second time since Bradley was named in September, the commission resumed work on the four-year-old complaint filed in the Cameron Todd Willingham execution case," the editorial continues.
"That made good Bradley's promise to state lawmakers to advance the matter. He also should get credit for asking those commissioners who have been working two-plus years on the case to fully air their opinions.
None disagreed that much more information is needed beyond the searing critique from eminent arson scientist Craig Beyler.
Just how – and how much – information should be gathered is a matter of keen public interest, but Bradley wants the initial course to be charted in private.
That's an awful approach.
Everyone knows the Beyler report is a potential political grenade. In a report to the commission last summer, Beyler said state and local investigators ignored sound scientific techniques in concluding that arson caused the 1991 fire that killed Willingham's three daughters in their Corsicana home. Convicted of murder, Willingham was executed in 2004 – Rick Perry, governor.
Commissioners say they need to study a range of documents, including the full transcript of the trial, in which state and local arson investigators testified. Commissioners said they have questions for Beyler and probably for other experts.
Nearly all of the nine commissioners are scientists, and they should pursue the evidence they need. Their job is not to reconsider the verdict against Willingham, but to determine whether junk science was part of his trial.
The matter is now before a four-person committee that Bradley formed to guide the Willingham case. Bradely, the district attorney of Williamson County, named one defense attorney to the committee, which achieves balance. But limiting membership to four means the committee isn't a commission quorum and, therefore, doesn't trigger an open-meetings requirement.
Secret meetings run contrary to a basic principle of public service. State law and the Texas Constitution give some investigatory bodies authority to conduct business confidentially. The State Commission on Judicial Conduct is one. The forensics commission, however, is not.
Nowhere did lawmakers give the commission that latitude when they created it in 2005. Procedures the commission adopted in January are silent on the matter. Some commissioners said after Friday's meeting that they were surprised that committee sessions would be done in secret.
When Perry installed Bradley and three other new members last fall, critics hatched the theory that the governor wanted the Willingham matter frozen until after the 2010 election. Bradley has said he didn't accept Perry's appointment to be somebody's puppet, and we'll accept that at face value. At the same time, though, he must see that public confidence is at stake. The way to preserve that is to conduct state business where the state can see it.
"I don't think that is in the best interest of trying to move forward on this, because the ability to discuss and resolve these issues requires us to have those discussions in private. ... All of our issues will be released publicly during full commission meetings.
–John Bradley, chairman of the Texas Commission on Forensic Science, when asked about keeping committee meetings open;
The editorial can be found at:
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-forensics_28edi.State.Edition1.261683c.html
Harold Levy...hlevy15@gmail.com;
