"The bombshell here is the finding that the Willingham case was based on "flawed science."...
"If the fire science used to convict Willingham was flawed, it hardly matters whether the error was intentional; it sets off major alarm bells: The same fire science was used in hundreds if not thousands of other arson convictions across Texas. CNN quoted state Sen. Rodney Ellis making that point:
On Friday, he said he was "happy" to hear the investigation would continue, but concerned that the investigation was looking for misconduct and negligence in the wrong place.
Unfortunately, the commission is off-track in terms of what it should be investigating," he said in a statement. "It was painfully apparent that many FSC members believe that flawed science was used in the Willingham conviction, but the FSC does not seem interested in looking at the bigger picture: When did the State Fire Marshal start using modern arson science and did the State Fire Marshal commit professional negligence or misconduct when it failed to inform the courts, prosecutors, the Board of Pardons and Parole, and the Governor that flawed arson science had been used to convict hundreds of defendants?""
GRITS FOR BREAKFAST:( Grits for Breakfast is described as "the private weblog and nom de plume of Scott Henson, a former journalist turned opposition researcher/political consultant, public policy researcher and blogger." Henson says, "Grits for Breakfast looks at the Texas criminal justice system, with a little politics and whatever else suits the author's fancy thrown in. All opinions are my own. The facts belong to everybody." Its motto is: "Welcome to Texas justice: You might beat the rap, but you won't beat the ride.");
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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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"If arson science in Willingham case was 'flawed,' what about other, similar cases?," the Grits for Breakfast post published on July 24, 2010, under the heading, "If arson science in Willingham case was 'flawed,' what about other, similar cases?"
"Two pieces of news from yesterday's Forensic Science Commission meeting in Houston stand out: 1) John Bradley's new, unilateral legal interpretation declaring the FSC couldn't investigate the Todd Willingham case was unanimously rejected, and 2) a committee examining the case said in an interim finding that "flawed science" was presented in the Willingham case, but no negligence or misconduct by investigators occurred. Kuff doesn't mince words about his opinion of the proceedings," the post continues.
"The bombshell here is the finding that the Willingham case was based on "flawed science." As for whether there was negligence or misconduct by investigators, Jeff Gamso gets it right: "Excuse me, but who cares about that? I mean, sure, we don't want negligent or dishonest investigations. But this isn't about placing blame. It's about figuring out what went wrong and how to do better." Reported AP:
Patricia Cox, Willingham's cousin, told commission members she appreciates the group's acknowledgment the forensic evidence used to convict her loved one was flawed.
"Even though there may not have been any malice or intent by fire investigators about not being informed on current standards, that doesn't excuse the fact that based on this misinformation, Cameron Todd Willingham was executed and that can't be corrected," said a tearful Cox.
If the fire science used to convict Willingham was flawed, it hardly matters whether the error was intentional; it sets off major alarm bells: The same fire science was used in hundreds if not thousands of other arson convictions across Texas. CNN quoted state Sen. Rodney Ellis making that point:
On Friday, he said he was "happy" to hear the investigation would continue, but concerned that the investigation was looking for misconduct and negligence in the wrong place.
"Unfortunately, the commission is off-track in terms of what it should be investigating," he said in a statement. "It was painfully apparent that many FSC members believe that flawed science was used in the Willingham conviction, but the FSC does not seem interested in looking at the bigger picture: When did the State Fire Marshal start using modern arson science and did the State Fire Marshal commit professional negligence or misconduct when it failed to inform the courts, prosecutors, the Board of Pardons and Parole, and the Governor that flawed arson science had been used to convict hundreds of defendants?"
The idea that potentially hundreds of others were falsely convicted of arson based on the same junk science has yet to be widely discussed, but it's almost certain there are many other, similar cases out there, including some people still in prison, some on parole, and some entirely off paper. All deserve to have their names cleared.
In Willingham's case in particular, perhaps it was perhaps excusable not to know back in 1992 that the testimony concluding he committed arson was wrong. But it was inexcusable for the courts and the Governor's office to allow the man's execution to go forward based on junk science in 2004, when the standards for arson investigation had (supposedly) long since formally changed.
Of course, that's precisely the conclusion the Governor was hoping the Commission would formally put off until after the November election when he appointed its new, obstructionist chairman and gave him his marching orders (or more accurately, his stalling orders). It's a tribute to the fact that Mr. Bradley is receiving pushback from his fellow commissioners that even this tepid, interim conclusion was publicly released."
The post can be found at:
http://gritsforbreakfast.blogspot.com/2010/07/if-arson-science-in-willingham-cas-was.html
PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:
http://www.thestar.com/topic/charlessmith
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html
Harold Levy: Publisher; The Charles Smith Blog;
