"The Willingham case — with strong evidence of faulty science driving a prosecution and conviction — is precisely the kind of case the commission was created to investigate. In fact, it was one of the first cases the commission took under review in 2006 when the Innocence Project presented compelling arguments against the forensics that sent Willingham to death row.
In the intervening four years, the evidence that Willingham was executed for a crime he didn't commit has mounted. Three expert reviews, including one contracted by the commission, have found arson investigators didn't adhere to sound scientific principles.
Investigators either willfully or negligently misinterpreted signs of arson. The most likely explanations are that a space heater or faulty electrical wiring is responsible for the fire that consumed the Willingham home.
Yet it wasn't until last week that the commission reviewed that evidence and issued a tentative finding that, indeed, the forensic case against Willingham was based on flawed science.
You could dismiss this as merely the plodding progress of the state bureaucracy — except for the fact that Gov. Rick Perry has had a big hand in hindering the commission's progress."
EDITORIAL: THE SAN ANTONIO EXPRESS-NEWS; Wikipedia informs us that, "The San Antonio Express-News is the daily newspaper of San Antonio, Texas. It is ranked as the third-largest daily newspaper in the state of Texas in terms of circulation, and is one of the leading news sources of South Texas, with offices in Austin, Brownsville, Laredo, and Mexico City. The Express-News is owned by the Hearst Corporation."
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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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"The Texas Forensic Commission finally got around to reviewing the case of Cameron Todd Willingham. It only took four years," the San Antonio News-Express editorial published on July 31, 2010 begins, under the heading, "Forensic panel's delay is vexing."
"The Legislature created the commission in 2005. Its purpose is to investigate allegations of negligence or misconduct in forensic science investigations," the editorial continues.
"The State of Texas executed Willingham in 2004 for the murder by arson of his three children thirteen years earlier. But the case against Willingham, which was almost entirely based on forensic evidence, was deeply flawed.
The Willingham case — with strong evidence of faulty science driving a prosecution and conviction — is precisely the kind of case the commission was created to investigate. In fact, it was one of the first cases the commission took under review in 2006 when the Innocence Project presented compelling arguments against the forensics that sent Willingham to death row.
In the intervening four years, the evidence that Willingham was executed for a crime he didn't commit has mounted. Three expert reviews, including one contracted by the commission, have found arson investigators didn't adhere to sound scientific principles.
Investigators either willfully or negligently misinterpreted signs of arson. The most likely explanations are that a space heater or faulty electrical wiring is responsible for the fire that consumed the Willingham home.
Yet it wasn't until last week that the commission reviewed that evidence and issued a tentative finding that, indeed, the forensic case against Willingham was based on flawed science.
You could dismiss this as merely the plodding progress of the state bureaucracy — except for the fact that Gov. Rick Perry has had a big hand in hindering the commission's progress.
The commission was prepared to hear testimony in the case last September. But days before the commission was scheduled to meet, Perry sacked three of its members, including the chairman.
Perry appointed Williamson County District Attorney John Bradley as the new chairman, who promptly canceled the September meeting. Bradley took the Willingham case off the commission's agenda at a January meeting. At the commission's quarterly meeting in April, he allowed the subject to be discussed long enough to appoint a subcommittee to study the evidence.
All this matters because despite serious questions about the evidence that sent Willingham to the death chamber, Perry denied his request for a reprieve.
The commission's foot-dragging helped Perry keep a potentially embarrassing issue out of the March GOP primary.
If it continues at this glacial pace, the commission will manage to keep it out of the November general election as well."
The editorial can be found at:
http://www.mysanantonio.com/opinion/forensic_panels_delay_is_vexing_99656879.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; hlevy15@gmail.com;
