Monday, May 10, 2010
WILLINGHAM; U.S. ARSON INVESTIGATOR IN DEATH PENALTY CASE FEATURED BY ABC TESTIFIED IN TRIALS IN CANADA, AUSTRALIA AND N.Z. AS WELL HIS BIO SAYS;
"OCT. 11, 2002 HALTON DISTRICT COURT
MILTON, ONTARIO, CANADA
ARSON/HOMICIDE
R. V. ANNE LANGKAMM
CHARON KERR,
CROWN COUNSEL...
SEPT. 15, 2008 VANCOUVER LAW COURTS
VANCOUVER, BRITISH COLUMBIA,
CANADA
ARSON/MULTIPLE HOMICIDE
R. V. NATHAN FRY
KERR CLARK AND JASON KRUPA,
CROWN COUNSELS...
MAR. 8-9, 2002 HIGH COURT
BRISBANE QLD, AUSTRALIA
ARSON/MULTIPLE HOMICIDE
(S) LONG, ROBERT
QUEENSLAND CROWN
PROSECUTION ...
JAN. 10, 2001 QUEENSLAND CRIMINAL COURT
BRISBANE, AUSTRALIA (TELEPHONIC)
ARSON/HOMICIDE
(S) LONG, ROBERT
PROSECUTOR: MICHAEL BYRNE ...
JUNE 6, 2001 CROWN COURT (VIDEO)
CHRISTCHURCH, NEW ZEALAND
ARSON/HOMICIDE
(S) HARMER, KEVIN LIONAL
NEW ZEALAND POLICE SERVICE ..."
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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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PUBLISHER'S NOTE: The vulnerability of arson "science" to wrongful convictions with possible deadly results has been powerfully illustrated by the Cameron Todd Willingham case and the recently broadcast ABC series which probed the role played by arson investigator John DeHaan in the Amanda Kelley death penalty case. DeHaan's biography provides details of trials in which he has testifed throughout the U.S.A., and in Canada, Australia and New Zealand as well, from 1992 to date, as follows:
Harold Levy;
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Appendix 5: Court Testimony – 1992 to Date
John D. DeHaan, Ph.D., FABC, CFI, FSSDip
Testimony Date Court/Matter Defendant/Attorney
Court Testimony 3/8/10 Page 34 of 40
Mar. 18, 1992 El Dorado Co. Superior Court
(Calif.)
Attempted murder
(S) Jacobson, Walter
DDA Paul Sutherland
Feb. 8, 1993 Riverside Co. Superior Court
(Calif.)
Attempted murder/arson
(S) Burrell, Bennie
DDA Allison Nelson
Sept. 7, 1994 Sacramento Co. Superior Court
Sacramento, Calif.
Arson/fraud (preliminary)
(S) Hagen, Nels
DDA Mark Zahner
June 18, 1996 Yolo Co. Superior Court
(Calif.)
Pipe bomb
(S) Campaigne, David
PC 12303.3
DA Chris Bulkley
Aug. 1996 Sacramento Co. Superior Court
Sacramento, Calif.
Arson/fraud (vehicle)
(S) Dang, Xuan Mai
PC 451
DDA Alan Hengel
Nov. 5, 1996 U.S. District Court
Pensacola, Florida
Arson/explosion
(S) Houston, Bridgette
AUSA Steve Preisser
Jan. 29, 1997 Shasta Co. Superior Court
(Calif.)
Arson (structure)
(S) Larramendy, Mark
PC 451
DDA Brent Ledford
Feb. 4, 1997 Mendocino Co. Superior Court
(Calif.)
Arson/multiple homicide
(S) Lester, Gerald
PC 187/451
DDA Robert Maloney
May 23, 1997 U.S. District Court
Des Moines, Iowa
Fatal arson (commercial) (appeal)
(S) Ryan, Dale
AUSA Linda Reade
Aug. 1-4, 1997 Preliminary (C-007-96) (S) Guluarte/Yee
Oct. 10, 1997 Santa Cruz Co. Superior Court
(Calif.)
Attempted acetylene bombing
(S) Guluarte/Yee
DDA Jeff Rosell
Appendix 5: Court Testimony – 1992 to Date (Continued)
John D. DeHaan, Ph.D., FABC, CFI, FSSDip
Testimony Date Court/Matter Defendant/Attorney
Court Testimony 3/8/10 Page 35 of 40
Mar. 25, 1998 Sacramento Co. Superior Court
Sacramento, Calif.
Fire reconstruction, arson, body
combustion
(S) Ford, Mariet
PC 187/457
DDA Mark Curry
June 9, 1998 Napa Co. Superior Court
Napa, Calif.
Shoeprint, scene reconstruction
(S) Danielson, David
187 PC
DDA Robert Greggins
Nov. 18, 1998 San Mateo Co. Superior Court
(Calif.)
Fire reconstruction, flash point
(S) Miller, Charles C-002-98
DDA Mark Bossenecker
Jan. 14, 1999 U.S. District Court
Central Illinois District
Champaign, Illinois
Arson/fraud, origin and cause
(S) Gardner, Ruby
AUSA Larry Beaumont
Mar. 16, 1999 Stanislaus Co. Superior Court
Modesto, Calif.
Arson/homicide, natural gas
deflagration
(S) Souliotes, George
DDA Dave Harris
Apr. 6, 2000 Los Angeles Co. Superior Court
Pasadena, Calif.
Arson, natural gas deflagration
(S) Kyle, Kermit
DDA Marian Thompson
July 6, 2000 Los Angeles Co. Superior Court
San Fernando, Calif.
Arson/homicide, flammable liquids
(S) Nieves, Sandi
DDA Beth Silverman
July 21, 2000 Ventura Co. Superior Court
Ventura, Calif.
Explosive device, flammable liquids
(S) Raville, Brad
DDA Chris Harman
July 28, 2000 Santa Clara Co. Superior Court
San Jose, Calif. (preliminary)
Homicide
(S) Guerrero/Martinez
DDA Matt Harris
Oct. 20, 2000 Wise Co. Criminal Court
Wise, Virginia
Arson/homicide
(S) Riner, Doug
Atty: Tom Scott, Jr.
Appendix 5: Court Testimony – 1992 to Date (Continued)
John D. DeHaan, Ph.D., FABC, CFI, FSSDip
Testimony Date Court/Matter Defendant/Attorney
Court Testimony 3/8/10 Page 36 of 40
Dec. 20, 2000 Reno Co. Superior Court
Hutchinson, Kansas
Arson (structure)
(S) Ferguson, Eileen
Defense: Stephen Joseph
Jan. 10, 2001 Queensland Criminal Court
Brisbane, Australia (telephonic)
Arson/homicide
(S) Long, Robert
Prosecutor: Michael Byrne
Jan. 12, 2001 331st District Court
Austin, Texas
Arson/homicide
(S) Hill, William Ethridge
Atty: Randy Leavitt
Apr. 16, 2001 Clark Co. Superior Court
Las Vegas, Nevada
Homicide
(S) Rudin, Margaret
Atty: Tom Pitaro
May 1, 2001 Santa Clara Co. Superior Court
San Jose, Calif.
Homicide
(S) Guerrero, Gary
Atty: DDA Matt Harris
June 6, 2001 Crown Court (video)
Christchurch, New Zealand
Arson/homicide
(S) Harmer, Kevin Lional
New Zealand Police Service
June 15, 2001 Coos Co. Superior Court
Coquille, Oregon
Arson/homicide
(S) Smith, Alby
Atty: Ralph Monson
Oct. 10, 2001 San Francisco Co. Superior Court
Civil Division
San Francisco, Calif.
Arson (structure/tires)
Petrillo v. The Tire Broker
(S) Nevaer/Brennan
Atty: Kevin Cholakian
Jan. 24, 2002 Cook Co. States Attorney
Circuit Court
Chicago, Illinois
Arson/homicide
(S) Hobley, Madison
States Atty: William Carroll
Feb. 5, 2002 Skagit Co. Superior Court
Mt. Vernon, Washington
Arson
(S) McDonald, Steven
Atty: Pro se.
Appendix 5: Court Testimony – 1992 to Date (Continued)
John D. DeHaan, Ph.D., FABC, CFI, FSSDip
Testimony Date Court/Matter Defendant/Attorney
Court Testimony 3/8/10 Page 37 of 40
Mar. 8-9, 2002 High Court
Brisbane QLD, Australia
Arson/multiple homicide
(S) Long, Robert
Queensland Crown
Prosecution
Apr. 25, 2002 9th District Court (Grand Jury)
Rapides Parish, Louisiana
Arson/multiple homicide
Louisiana v. Amanda
Gutweiler Hypes
ADA Thomas Walsh, Jr.
June 4-5, 2002 278th District Court
Madison Co., Texas
Arson/multiple homicide
Texas v. Raphael Holiday
DAG Laura Popps
June 6, 2002 23rd District Court
Brazoria Co., Texas
Arson/multiple homicide
Texas v. Sadie Proffitt
DA Jeri Yenne
Aug. 6-19, 2002 High Court, Canterbury District
Christchurch, New Zealand
Arson/homicide
R. v. Kevin Lional Harmer
Chris McVeigh, Q.C.,
Crown Counsel
Oct. 11, 2002 Halton District Court
Milton, Ontario, Canada
Arson/homicide
R. v. Anne Langkamm
Charon Kerr,
Crown Counsel
Oct. 17, 2002 Chelmsford Crown Court
Chelmsford, Essex, U.K.
Homicide
R. v. Ian Jarvis
Jeremy Gompertz, Q.C.,
Crown Counsel
Feb. 13, 2003 20th Circuit Court
Ottawa Co., Michigan
Arson/homicide
Michigan v. Karen Boes
Jon Hulsing, Prosecutor
June 12, 2003 Circuit Court
Multnomah Co., Oregon
Arson
Oregon v. Thomas Calkins
Atty: Pat Birmingham
Oct. 27-28, 2003 9th District Court (Daubert Hearing)
Rapides Parish, Louisiana
Arson/multiple homicide
Louisiana v. Amanda
Gutweiler Hypes
ADA Thomas Walsh, Jr.
Jan. 13-14, 2004 17th Circuit Court
Kent Co., Michigan
Arson/homicide
Michigan v. Leon Wilson
DA William Forsyth
Appendix 5: Court Testimony – 1992 to Date (Continued)
John D. DeHaan, Ph.D., FABC, CFI, FSSDip
Testimony Date Court/Matter Defendant/Attorney
Court Testimony 3/8/10 Page 38 of 40
Apr. 19, 2004 17th Circuit Court
Broward Co., Florida
Arson/homicide
Florida v. Kazem Pourghafari
Asst. State Attorney Brian
Cavanagh
Oct. 26-27, 2004 9th District Court (Daubert Hearing)
Rapides Parish, Louisiana
Arson/multiple homicide
Louisiana v. Amanda
Gutweiler Hypes
ADA Thomas Walsh, Jr.
Jan. 11, 2005 District Court (Evidentiary Hearing)
Johnson Co., Kansas
Arson/multiple homicide
Kansas v. Debora Green
DA Paul J. Morrison
Oct. 12, 2005 San Francisco Co. Superior Court
San Francisco, Calif.
Arson/homicide
California v. Ortiz
DDA Dennis Cashman
Jan. 10, 2006 San Joaquin Co. Superior Court
Stockton, Calif.
Arson
California v. Bryan Johnson
Atty: Armando Villapudua
Feb. 13-14, 2006 Stark Co. Court of Common Pleas
Canton, Ohio
Arson
Railway Transfer & Storage v.
Great American Insur. (Civil)
Atty: James K. Reuss
Aug. 1-2, 2006 Pomona Superior Court
Pomona, Calif.
Fire death
Argudo v. Rodriguez
Atty: Maryann P. Gallagher
Atty: George P. Wilsher
Oct. 2-3, 30, 2006 Sonoma Co. Superior Court
Santa Rosa, Calif.
Wildland fire
National Union v. PG&E
Atty: Richard DeNatale
Dec. 19, 2006 U.S. District Court, Eastern Dist.
of Texas,
Sherman, Texas
Arson
U.S. v. Curtis Ray Severns
AUSA Tracey M. Batson
Dec. 21, 2006 Napa Co. Superior Court
(Preliminary Hearing)
Napa, Calif.
Arson/homicide
California v. Joben Lombardi
DDA Paul Gero
Appendix 5: Court Testimony – 1992 to Date (Continued)
John D. DeHaan, Ph.D., FABC, CFI, FSSDip
Testimony Date Court/Matter Defendant/Attorney
Court Testimony 3/8/10 Page 39 of 40
Feb. 8, 2007 San Mateo Co. Superior Court
(Grand Jury)
San Mateo, Calif.
Arson/homicide
(S) Charles E. Schuttloffel
DDA Sean F. Gallagher
Mar. 13, 2007 18th Judicial District Court
(Post-Conviction Appeal Hearing)
Sedgwick Co., Kansas
Arson/homicide
Boorigie v. State of Kansas
Atty: Stephen M. Joseph
Apr. 16, 2007 El Paso Co. District Court,
4th Judicial District
Colorado Springs, Colorado
Arson/multiple homicide
Colorado v. Timothy Nicholls
Sr. DDA William B. Bain
Nov. 13, 2007 Contra Costa Co. Superior Court
Martinez, Calif.
Arson/homicide
California v. Mark Fregia
Atty: Lawrence D. Barnes
Apr. 23, 2008 Los Angeles Co. Superior Court
Glendale, Calif.
Arson/structure fire
Sequoia Insurance v.
International Recording
Corp. (Civil)
Atty: Gary A. Hamblet
May 16, 2008 Boulder Co. District Court,
20th Judicial District
Boulder, Colorado
Arson/structure fire
Amica Mutual Insurance v.
John and Deborah Haverland
and Amtrust Bank (Civil)
Atty: Gregory R. Giometti
June 6, 2008 Napa Co. Superior Court
(Preliminary Hearing)
Napa, Calif.
Arson/structure fire
California v. Jasen Meyn
DDA Bryan Tong
June 20, 2008 San Francisco Co. Superior Court
San Francisco, Calif.
Structure fire
Heather Gillen v. Steve and
Gabrielle Papale (Civil)
Atty: Michael Mazzocone
Sept. 15, 2008 Vancouver Law Courts
Vancouver, British Columbia,
Canada
Arson/multiple homicide
R. v. Nathan Fry
Kerr Clark and Jason Krupa,
Crown Counsels
Appendix 5: Court Testimony – 1992 to Date (Continued)
John D. DeHaan, Ph.D., FABC, CFI, FSSDip
Testimony Date Court/Matter Defendant/Attorney
Court Testimony 3/8/10 Page 40 of 40
Oct. 13, 2008 State Court
(Daubert Hearing)
Fulton Co., Georgia
Structure fire
Juan Washington v. Ford
Motor Company, et al. (Civil)
Atty: Clay Guise
Nov. 10 and 12,
2008 El Paso Co. District Court, 4th Judicial District
Colorado Springs, Colorado
Arson/multiple homicide
Colorado v. Deborah Nicholls
DDA Jeffrey Lindsey
Nov. 14, 2008 Napa Co. Criminal Court
Napa, Calif.
Residential arson
California v. Jasen Meyn
DDA Bryan Tong
June 8, 2009 United States District Court for
District of Kansas, Wichita, KS
Structure fire
Scottsdale Insurance v.
McReynolds (Civil)
Atty: Christopher M. McHugh
July 2, 2009 Napa Co. Criminal Court
Napa, Calif.
Residential arson
California v. Jasen Meyn
DDA Bryan Tong
Oct. 20, 2009 Decatur Co. Superior Court,
Greensburg, IN
Arson homicide
People v. Bunch
Atty: Jane Raley
Post-conviction appeal
Jan. 4, 2010 Brazoria Co. 239th District Court,
Angleton, TX State of Texas v. Clifton Earl Polk II
Atty: Jeri Yenne
The biography can be found at:
http://www.fire-exforensics.com/downloads/CV%20John%20D.%20DeHaan.pdf
Harold Levy...hlevy15@gmail.com;