CAMERON TODD WILLINGHAM: GRITS FOR BREAKFAST SAYS THE REAL ISSUE IS THE ONGOING USE OF JUNK SCIENCE TO FALSELY CONVICT THE INNOCENT;

"Recently, the Cameron Todd Willingham case has raised serious questions about the Texas criminal justice system. To many, the issue is whether Texas executed an innocent man. To the Innocence Project of Texas, the questions raised by this case are much bigger. To us, the real issue brought up by the Willingham case is the ongoing use of junk science to falsely convict the innocent.

One of the most telling instances of an innocent Texan being convicted on the basis of junk science is the case of Sonia Cacy..."

GRITS FOR BREAKFAST; GRITS FOR BREAKFAST: "Grits for Breakfast says it "looks at the Texas criminal justice system, with a little politics and whatever else suits the author's (Jeff Blackburn)fancy thrown in. All opinions are my own. The facts belong to everybody." Its motto: "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 were 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. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

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"Travis County District Judge Charlie Baird, who presided over Timothy Cole's posthumous exoneration, has agreed to take up the Cameron Todd Willingham case upon request of Barry Scheck and the national Innocence Project out of New York," the Grits For Breakfast post published on September 28, 2010, begins, under the heading, "Willingham, Cacy arson inquiries up ante on junk science debate."

"See coverage from the Fort Worth Star Telegram, the Houston Chronicle, and the Austin Statesman for the broad outlines of the story," the story continues.

"Dave Montgomery from the Star-Telegram solicited this unbiased view from Williamson County DA John Bradley:

"Judge Baird has been handpicked as a liberal judge who is willing to accept a case over which he has no jurisdiction to provide a well-timed political statement for anti-death penalty advocates," Bradley said in an e-mail. "This move by a liberal New York lawyer is consistent with his disregard for the rule of law and the disrespect he has shown for the rulings of numerous state and federal courts that have already reviewed the case and upheld the guilt of Willingham."

Gee Marty, tell us how your really feel!

This will be the second "court of inquiry" in Baird's court aimed at clearing someone's name posthumously. Despite Bradley's protestations about jurisdiciton, the statute governing the process allows the motion to be filed in any Texas District Court. Scheck was also one of the attorneys on the Timothy Cole case, along with Innocence Project of Texas legal director Jeff Blackburn. At Timothy Cole's court of inquiry, the prosecution chose not to participate, which turned the event into more or less a one-sided shadow boxing match. But since Willingham was executed and there are death penalty (and potentially even electoral) politics involved, there may be a lot more pressure on the Navarro County DA to oppose Scheck and Co., for which reason I'd be surprised if there isn't a lot more drama in the courtroom this time around. Definitely one to watch.

Relatedly, in my Inbox this morning I received notice from the communications director for the Innocence Project of Texas declaring:

Recently, the Cameron Todd Willingham case has raised serious questions about the Texas criminal justice system. To many, the issue is whether Texas executed an innocent man. To the Innocence Project of Texas, the questions raised by this case are much bigger. To us, the real issue brought up by the Willingham case is the ongoing use of junk science to falsely convict the innocent.

One of the most telling instances of an innocent Texan being convicted on the basis of junk science is the case of Sonia Cacy. Sonia was wrongfully convicted of murder in Fort Stockton, Texas. The state alleged that she doused her uncle in gasoline and set him on fire. In order to prove their case, they used evidence provided by the Bexar County Forensic Lab indicating that gasoline was detected on the deceased’s clothing. Since that time, however, a number of experts have examined the results of the Bexar County lab’s testing and have all unanimously concluded that there is no indication of gasoline on the evaluated evidence. Based on this development and other evidence of innocence in Sonia’s case, it is clear that Sonia Cacy was convicted of a “crime” that never occurred. Despite that, she continues to live on parole but hopes to one day prove her innocence and officially clear her name.

These aren't the only murder convictions based on faulty arson forensics in Texas, but they're iconic ones. I still think it's a shame the debate over arson science has become so wrapped up in death penalty demagoguery on all sides, but cases like Sonia Cacy may help steer the conversation back toward faulty arson science and away from arguing how many angels can dance on the head of a pin. In the bigger picture, though, there still needs to be a mechanism created by somebody - the best candidate is the AG, perhaps directed by legislation, or not - to go back through and vet older cases whenever disproven forensic methods may have convicted innocent people, as with older arson cases and dog scent lineups. If not, it will still happen piecemeal, as with these cases, but that leaves a lot of innocent folks waiting around, sometimes in prison, for someone to right an injustice."

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The story can be found at:

http://gritsforbreakfast.blogspot.com/2010/09/willingham-cacy-arson-inquiries-up-ante.html

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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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: BULLETIN: COURT OF INQUIRY SET FOR OCTOBER 6 AND 7, 2010; LINK TO FAMILY'S PETITION;

"The only statement I want to make is that I am an innocent man convicted of a crime I did not commit.""

CAMERON TODD WILLINGHAM: INNOCENT AND EXECUTED;

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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 were 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. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

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The Court of Inquiry convened in response to this petition has been scheduled for 1:30 PM on October 6-7, 2010 in the 299th District Court in Austin.

Location:
Blackwell-Thurman Criminal Justice Center
509 West 11th, 8th floor
Austin, Texas 78701

The petition on behalf of the family can be found at:can be found at:

http://camerontoddwillingham.com/?p=543

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FORT WORTH STAR-TELEGRAM STORY (PUBLISHED EARLIER TODAY)

"AUSTIN -- A Travis County judge today ordered a court of inquiry to determine if Cameron Todd Willingham was wrongfully convicted and executed in the deaths of his three daughters, who perished in a Corsicana house fire in 1991.

Judge Charlie Baird, who also conducted a court of inquiry that led to the exoneration of wrongfully convicted inmate Tim Cole of Fort Worth, told the Star-Telegram that he has decided to move forward with the court of inquiry into the Willingham case after reviewing a petition filed Friday by lawyers representing Willingham’s relatives.

“I have decided that the petition warrants a hearing,” Baird said in a telephone interview. The inquiry will be held in his courtroom on Oct. 6-7, but Baird said it could be extended if necessary.

Willingham was found guilty of deliberating setting the fire that killed his daughters -- 2-year-old Amber and 1-year-old twins Karmon and Kameron. The unemployed Corsicana mechanic went to his death in 2004 insisting that he was innocent.

The case became the center of national attention after several fire experts concluded that the arson investigation against Willingham was flawed and based on outmoded techniques. It has also been the focus of a controversial review by the Texas Forensic Science Commission, which opened an inquiry into the arson investigation in 2006.

Baird said he made his decision early this morning after staying up until midnight Sunday reviewing the 55-page petition.

“Obviously the most troubling aspect of this -- and it just dwarfs everything else – is whether or not to believe that an innocent person has been executed by the State of Texas,” he said.

The inquiry could lead to Willingham’s posthumous exoneration if the findings warranted, said Baird. He said he has no preconceived view on Willingham’s guilt or innocence but felt that questions raised by Willingham’s case justified further examination.

“I agree with them that they’re entitled to a hearing but I wouldn’t say at any level that he’s innocent,” Baird said. “A lot of this stuff has either been done piecemeal or in secret and this will bring it all to light.”

Baird said he has ordered a subpoena to demand the appearance of the jail trusty who testified that Willingham admitted the crime while he was in jail awaiting trial. He also sent invitations to Gov. Rick Perry’s chief counsel, the Texas Fire Marshal, the Navarro County district attorney and the state prosecuting attorney, but said their appearance wasn’t necessary.

Perry has defended the execution, describing Willingham as a “monster” whose appeals were repeatedly rejected by state and federal courts. Willingham supporters have accused Perry of interfering with the commission’s inquiry by ordering a shakeup of the membership during a crucial phase of the inquiry, but the governor has dismissed those assertions.

Baird said he could make a ruling within two weeks after the court of inquiry concludes it review."

The story can be found at:

http://texasdeathpenalty.blogspot.com/
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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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: MICHAEL KING: WHAT THEY WON'T TEACH IN TEXAS: SPOILER: THAT JUSTICE AND ACCURACY ARE SUBSERVIEBT TO CONVICTIONS;

"You might think that accurate forensic science is a sufficiently nonpartisan issue that everyone, most especially prosecutors, would want to get it right. In actual fact, crime in general and capital crimes in particular are so politicized in Texas that accuracy – and therefore justice – is persistently made subservient to convictions, and anything that might undermine that system is considered a threat."

MICHAEL KING: THE AUSTIN CHRONICLE;

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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 were 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. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

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"Molly Ivins often noted that persistent observers of Texas politics learn one invaluable lesson: Things can always get worse," the Austin Chronicle column by Michael King begins, under the heading, "Point Austin: Learning From Experience: The things they won't tell you in Texas schools."

"I've been reminded of this nugget of wisdom by a couple of stories in the news this week," the column continues.

"First, there's the absurd resolution pending before the State Board of Education that Texas public school textbooks are too favorable toward Islam and biased against Chris­tianity, and therefore the board needs to act to prevent this continuing outrage. Secondly, there's the ongoing attempt by Williamson County District Attorney John Bradley to make certain that the state's Forensic Science Com­mis­sion – upon which he was imposed as chair by Gov. Rick Perry – discontinue any attempts to actually do its job, which is to review and reform the dismal condition of much of the state's supposedly scientific investigations of crime.

Maybe you missed the big news that the Lubbock City Council is just moments away from imposing Shariah within city limits, and the Waxahachie council of elders is seriously considering requiring all female residents to wear burquas – just in time for the fall fashion season. That makes about as much sense as the willingness of the SBOE to seriously consider a resolution – proposed by a defeated Odessa SBOE candidate, no less – to end the "pro-Islamic/anti-Christian distortions in social studies texts." This ingrained textbook bias no doubt accounts for the thousands of Texas students arriving at high school as devout Baptists and Methodists and brisket aficionados, only to depart four years later as dedicated adherents of Islam – having somehow acquired heathen tastes for hummus, falafel, and non-American football.

Next thing you know, River Citians, they'll be taking up pool instead of billiards.

Like much of what the board does, the whole matter would be laughable, except that it is part and parcel of the current nationwide, venomous racial hysteria against anything considered "Muslim" or Arabic. The madness ranges from politically manufactured outrage over a "Ground Zero Mosque" that is neither at Ground Zero nor a mosque to copycat actions, some involving literally terrorizing violence, against mosques elsewhere. At its absolute worst, the media-fanned hysteria beats the drum for expanded war in the Middle East, heralding demands by U.S. politicians for military attacks on Iran, even though the threats alone violate international law.

Although the primary elections reflected a potential voting trend toward SBOE moderation, the current makeup of the board hasn't yet changed, and the loonies are just as likely as not to prevail on this issue as they have on other curriculum matters. It doesn't matter that the resolution condemns out-of-print books that haven't been used for years or that it employs a line-counting method of proving "bias" that is both inaccurate and preposterous, akin to arguing that the Ten Commandments are unimportant because they take up so little space in the Bible. Generating this kind of rancid nonsense is not about logic or accuracy; it's about maintaining reactionary pressure on the public schools, ignoring much more substantive issues like adequate resources and funding and preserving the delusion that only Christian warriors can hold the line against the onrushing Islamic hordes – you know, the Islamic hordes laying siege to Nacogdoches, right this minute, if only the lamestream liberal media would condescend to report it.
Where There's Smoke

It's often difficult to know whether the SBOE theatricals constitute farce or tragedy, but at the Forensic Science Commission, there's no doubt it's the latter. In a minimal attempt by the Legislature to inject some accurate, current science into Texas prosecutorial forensics – which bear no relation to the high-dollar magic acts featured on CSI – the commission is currently mired in a prolonged struggle over the Willingham debate, a review of the "fire science" (or lack of it) at the heart of a conviction for a 1991 fire that eventually resulted in the 2004 execution of Cameron Todd Willingham for the arson-murders of his three daughters.

Subsequent scientific review has strongly suggested not only that Willingham was innocent but that the fire itself was likely of accidental origin – and that the Corsicana fire investigators should have known enough to come to the same conclusion. D.A. Bradley has already accomplished his primary, if not express, purpose – to delay any commission conclusions about the investigation beyond the November election, since the undermining of an execution might cast a cloud on Gov. Perry's re-election campaign.

You might think that accurate forensic science is a sufficiently nonpartisan issue that everyone, most especially prosecutors, would want to get it right. In actual fact, crime in general and capital crimes in particular are so politicized in Texas that accuracy – and therefore justice – is persistently made subservient to convictions, and anything that might undermine that system is considered a threat.

Last week, wannabe attorney-general-in-waiting Bradley was visibly enraged that scientists on the commission rejected his staff-drafted report that would have exonerated the Willingham fire investigators without any serious review. Now he will have to preside over substantive discussion of the matter, perhaps even enduring testimony from forensic scientists who believe they can show that the Willingham investigation was clumsily botched. Bradley's not likely to change his mind – like Perry, he appears to believe that a conviction, however achieved, is synonymous with guilt – but perhaps a few more legislators, as well as citizens at large, will be persuaded that our criminal justice system and our institutional eagerness to execute often ride headlong and roughshod over constitutional protections and the due process of law.

As it happens, the October Texas Monthly features a lengthy and thorough recounting by Pamela Colloff of the Anthony Graves capital murder case – a Burleson County tale that features a sensationally heinous multiple murder, a long history of careless investigation and prosecutorial negligence and misconduct, as well as sloppy forensic science made to serve the prosecution's presumptive conclusions instead of accuracy and justice. As Chronicle readers who have followed Jordan Smith's years-long coverage of the case will know, Graves, on death row for nearly two decades, is almost certainly innocent and most certainly did not receive a fair trial. Although his conviction was finally overturned many years later, he is scheduled for retrial on the original charges next spring – and the prosecution appears determined to use, and the court to allow, the same tainted evidence against him.

Maybe someday, God willing, they'll teach this stuff in the Texas public schools."

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The column can be found at:

http://www.austinchronicle.com/gyrobase/issue/column?oid=oid%3A1087302

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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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: REACTION TO JUDGE CHARLIE BAIRD'S DECISION TO OPEN COURT OF INQUIRY. TEXAS GOVERNOR'S OFFICE NOT PLEASED; STAR-TELEGRAM;

"Lucy Nashed, a spokeswoman for Gov. Rick Perry, said the governor's staff is reviewing the legal filing to determine "whether state involvement is in order."

"New York and Austin anti-death penalty lawyers had years to file this action, so their timing now is certainly curious," Nashed said. "Nothing the Austin court does can change the fact that Todd Willingham was convicted and sentenced to death by a jury of his peers for murdering his three young daughters.""

REPORTER DAVE MONTGOMERY: 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 were 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. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

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"AUSTIN -- Supporters of Cameron Todd Willingham hailed an Austin district judge's decision Monday to open a two-day court of inquiry next month to determine whether Willingham was wrongfully convicted and executed in the deaths of his three daughters, who perished in a Corsicana house fire in 1991," the Star-Telegram story by reporter Dave Montgomery published earlier today under the heading, "Judge to open court of inquiry in Willingham arson case," begins.

"Former Gov. Mark White, a member of the legal team that petitioned for the rare legal proceeding, said he believes there is "overwhelming scientific evidence" to support fire experts' findings that the arson investigation that led to Willingham's conviction was outdated and unreliable," the story continues.

""We're prepared to put on witnesses that will be persuasive that the forensic evidence was tantamount to witchcraft," said White, who was a Democratic governor in 1983-1987 and earlier served as state attorney general.

Judge Charlie Baird, who also conducted a court of inquiry that led to the posthumous exoneration of wrongfully convicted inmate Tim Cole of Fort Worth, told the Star-Telegram that he decided to proceed with the court of inquiry in Willingham's case after reviewing a petition filed Friday by lawyers representing Willingham's relatives.

"I have decided that the petition warrants a hearing," Baird said by telephone. The inquiry will be held in his courtroom Oct. 6-7, but Baird said it could be extended if necessary.

Willingham, an unemployed mechanic from Corsicana, was convicted of deliberately setting the fire that killed his daughters, 2-year-old Amber and 1-year-old twins Karmon and Kameron. He went to his death in 2004 insisting that he was innocent.

"Obviously the most troubling aspect of this -- and it just dwarfs everything else -- is whether or not to believe that an innocent person has been executed by the state of Texas," Baird said.

Lucy Nashed, a spokeswoman for Gov. Rick Perry, said the governor's staff is reviewing the legal filing to determine "whether state involvement is in order."

"New York and Austin anti-death penalty lawyers had years to file this action, so their timing now is certainly curious," Nashed said. "Nothing the Austin court does can change the fact that Todd Willingham was convicted and sentenced to death by a jury of his peers for murdering his three young daughters."

The case became the center of national attention after several fire experts concluded that the arson investigation against Willingham was flawed and based on outmoded techniques. The Texas Forensic Science Commission, which has been conducting its own inquiry since 2006, voted this month to proceed with the case and opened the door to an expanded review that could include other potentially flawed arson investigations.

State Fire Marshal Paul Maldonado, in a letter to the commission last month, said the agency stands by its findings in the Willingham case. Maldonado said the investigators' conclusions remain valid after the emergence of updated techniques for arson investigations.

Baird's decision brought a sharp response from Forensic Science Commission Chairman John Bradley, district attorney of Williamson County. Bradley, whom Perry appointed as chairman in a membership shakeup last year, had sought to finish the commission's inquiry at the panel's last meeting in Dallas but was overruled by other members who pushed to continue the case.
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The story can be found at:

http://www.star-telegram.com/2010/09/27/2499165/judge-to-open-court-of-inquiry.html#ixzz10poVnvJF

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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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: JOHN LENTINI CRITIQUES LETTER FROM FIRE MARSHALL MALDONADO STANDING BY ORIGINAL INVESTIGATOR'S REPORT AND CONCLUSIONS;

"Mr. Maldonado’s most obvious attempt to mislead the Commission and the public occurs at paragraph number seven, where the following quotation occurs. "The investigation report stated: The pieces of broken glass on the ledge of the north windows to the Northeast bedroom just closed a craze (spiderwebbing) condition." The letter that goes on to cite a section of NFPA 921 that indicates there is no published research to confirm that crazing indicates rapid heating. I was the author of the published research referred to in NFPA 921 that showed that crazing was always a result of rapid cooling, and could not be induced by rapid heating."

COMMENTS BY JOHN LENTINI ON LETTER FROM FIRE MARSHALL PAUL MALDONADO ON THE CAMERON TODD WILLINGHAM CASE; (IN RESPONSE TO AN EDITORIAL IN THE DALLAS MORNING NEWS);

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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 were 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. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

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"I was the Chairman of the Arson Review Committee, affiliated with the Innocence Project that got the Commission interested in these two cases," John Lentini's September 22, 2010 comments begin.

"Until very recently, I understood that the question before the Commission concerned the responsibility of a state agency after it learns that it has used flawed science to obtain a conviction. That apparently has changed," the comments continue.

"I have recently been provided with the August 20, 2010 letter from Fire Marshal Paul Maldonado on the Willingham case, in which he states that the Texas State Fire Marshal's office “stands behind the original investigator’s report and conclusions.” Although it is understandable that a state agency would resist admitting to an unspeakable error, I feel compelled to reply to some of the information provided in that letter, which seems to be designed to mislead the Commission and the public about the quality of work done by the Texas State Fire Marshal's Office in the Willingham case.

(I note that Mr. Maldonado's letter does not deal with the Willis case, but because the evidence in the two cases was nearly identical, one would presume that it is the Fire Marshal's office position that Ernest Willis was, in fact, guilty, and should have been executed as well. It would be interesting to hear Mr. Maldonado's position on that subject.)

With respect to the specific answers provided, what Mr. Maldonado seems to have done is to look very selectively at the report, and then took an equally selective approach to the guidance in NFPA 921.

I note that nowhere in his correspondence to the Fire Marshal refer to actual trial testimony, which presumably contains some of the "conclusions" by which the Fire Marshal's office is standing. In this letter, I will first discuss the parsing of the Guide and the parsing of the report, and then I will discuss some of the more outrageous sworn testimony by Deputy Fire Marshal Manuel Vasquez.

There is much discussion of V-patterns and low burning, and some quotations from NFPA 921, but the letter leaves off the most important guidance from NFPA 921 about interpretation. One may cite “observations” all day long, but it is the forensic scientist’s interpretation of those observations that sways a jury. I note that the Fire Marshal attached copies of two editions of NAPA 921, and would urge the scientists on the Commission to read the entire sections cited, rather than the isolated sentences.

Here is the important guidance on interpretation of low burns and irregular patterns:

4.17.7.2 Irregular Patterns.

Irregular, curved, or “pool-shaped” patterns on floors and floor coverings should not be identified as resulting from ignitable liquids on the basis of observation of the shape alone. In cases of full room involvement, patterns similar in appearance to ignitable liquid burn pattern scan be produced when no ignitable liquid is present.

The lines of demarcation between the damaged and undamaged areas of irregular patterns range from sharp edges to smooth gradations depending on the properties of the material and the intensity of heat exposure. Denser materials like oak flooring will generally show sharper lines of demarcation than thermoplastic (e.g., nylon) carpet. The absence of a carpet pad often leads to sharper lines.

These patterns are common in situations of postflashover conditions, long extinguishing times, or building collapse. These patterns may result from the effects of hot gases, flaming and smoldering debris, melted plastics, or ignitable liquids. If the presence of ignitable liquids is suspected, supporting evidence such as the use of a combustible gas indicator, chemical analysis of debris for residues, or the presence of liquid containers should be sought. It should be noted that many plastic materials release hydrocarbon fumes when they pyrolyze or burn. These fumes may have an odor similar to that of petroleum products and can be detected by combustible gas indicators when no ignitable liquid accelerant has been used. A “positive” reading should prompt further investigation and the collection of samples for more detailed chemical analysis. It should be noted that pyrolysis products, including hydrocarbons, can be detected in gas chromatographic analysis of fire debris in the absence of the use of accelerants.

It can be helpful for the laboratory, when analyzing carpet debris, to burn a portion of the comparison sample and run a gas chromatographic analysis on both. By comparing the results of the burned and unburned comparison samples with those from the fire debris sample, it may be possible to determine whether or not hydrocarbon residues in the debris sample were products of pyrolysis or residue of an accelerant. In any situation where the presence of ignitable liquids is suggested, the effects of flashover, airflow, hot gases, melted plastic, and building collapse should be considered. (Emphasis added)

Nowhere in the record is there any indication that Mr. Vasquez gave even the slightest consideration to the possibility that the full room involvement that occurred in this case may have been responsible for the alleged “pour patterns.”

Mr. Maldonado’s most obvious attempt to mislead the Commission and the public occurs at paragraph number seven, where the following quotation occurs. "The investigation report stated: The pieces of broken glass on the ledge of the north windows to the Northeast bedroom just closed a craze (spiderwebbing) condition." The letter that goes on to cite a section of NFPA 921 that indicates there is no published research to confirm that crazing indicates rapid heating. I was the author of the published research referred to in NFPA 921 that showed that crazing was always a result of rapid cooling, and could not be induced by rapid heating.

The Fire Marshal’s letter somehow manages to omit the second sentence in the paragraph from Fire Marshal Vasquez’s his report on page 4, which states, "This condition is an indication that the fire burned fast and hot." One can only conclude that the Fire Marshal was intending to deceive the Commission by not revealing this incorrect interpretation written in the report. One hopes that Texas State Fire Marshals do not still believe that crazing is a sign of rapid heating.

Presumably, Mr. Maldonado also stands by the statements of conclusions reached by Mr. Vasquez when he testified:

• That auto-ventilation is an indicator of incendiary activity;

• That wood fires do not exceed 800 degrees F;

• That the condition of the bedsprings was meaningful;

• That accelerated fires burn at a higher temperature than fires fueled with ordinary combustibles.

If the Texas State Fire Marshal’s Office indeed “stands by” these erroneous conclusions, then there definitely will be (and have been) many more wrongful convictions for arson in Texas.

Rather than responding to a list of questions, I would have preferred that Mr. Maldonado respond to the original Innocence Project complaint, something that I thought was supposed to happen while Dr. Beyler was conducting his review. I hope that at some point, Mr. Maldonado is required to defend the positions taken by Mr. Vasquez while testifying, which he has so far not addressed.

I hope that there is some follow up to Mr. Maldonado’s letter. As it stands now, this appears to be just one more attempt to hide the truth.

Sincerely,

John J. Lentini, CFI, D-ABC

Chairman, Arson Review Committee."

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The comments can be found at:


http://texasdeathpenalty.blogspot.com/2010/09/john-lentini-responds-to-letter-from.html

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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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: ANOTHER MAJOR DEVELOPMENT; JUDGE CHARLIE BAIRD AGREES TO HOLD COURT OF INQUIRY TO DETERMINE IF HE WAS WRONGFULLY CONVICTED;

"The inquiry could lead to Willingham’s posthumous exoneration if the findings warranted, said Baird. He said he has no preconceived view on Willingham’s guilt or innocence but felt that questions raised by Willingham’s case justified further examination.

“I agree with them that they’re entitled to a hearing but I wouldn’t say at any level that he’s innocent,” Baird said. “A lot of this stuff has either been done piecemeal or in secret and this will bring it all to light.”

Baird said he has ordered a subpoena to demand the appearance of the jail trusty who testified that Willingham admitted the crime while he was in jail awaiting trial. He also sent invitations to Gov. Rick Perry’s chief counsel, the Texas Fire Marshal, the Navarro County district attorney and the state prosecuting attorney, but said their appearance wasn’t necessary."

REPORTER DAVE MONTGOMERY; THE STAR-TELEGRAM; (He is chief of the Star-Telegram’s Austin bureau.)
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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 were 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. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

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"AUSTIN -- A Travis County judge today ordered a court of inquiry to determine if Cameron Todd Willingham was wrongfully convicted and executed in the deaths of his three daughters, who perished in a Corsicana house fire in 1991," the Star-Telegram story by reporter Dave Montgomery published earlier today begins, under the heading, "Judge orders court of inquiry into Willingham's conviction, execution."

"Judge Charlie Baird, who also conducted a court of inquiry that led to the exoneration of wrongfully convicted inmate Tim Cole of Fort Worth, told the Star-Telegram that he has decided to move forward with the court of inquiry into the Willingham case after reviewing a petition filed Friday by lawyers representing Willingham’s relatives," the story continues.

"“I have decided that the petition warrants a hearing,” Baird said in a telephone interview. The inquiry will be held in his courtroom on Oct. 6-7, but Baird said it could be extended if necessary.

Willingham was found guilty of deliberating setting the fire that killed his daughters -- 2-year-old Amber and 1-year-old twins Karmon and Kameron. The unemployed Corsicana mechanic went to his death in 2004 insisting that he was innocent.

The case became the center of national attention after several fire experts concluded that the arson investigation against Willingham was flawed and based on outmoded techniques. It has also been the focus of a controversial review by the Texas Forensic Science Commission, which opened an inquiry into the arson investigation in 2006.

Baird said he made his decision early this morning after staying up until midnight Sunday reviewing the 55-page petition.

“Obviously the most troubling aspect of this -- and it just dwarfs everything else – is whether or not to believe that an innocent person has been executed by the State of Texas,” he said.

The inquiry could lead to Willingham’s posthumous exoneration if the findings warranted, said Baird. He said he has no preconceived view on Willingham’s guilt or innocence but felt that questions raised by Willingham’s case justified further examination.

“I agree with them that they’re entitled to a hearing but I wouldn’t say at any level that he’s innocent,” Baird said. “A lot of this stuff has either been done piecemeal or in secret and this will bring it all to light.”

Baird said he has ordered a subpoena to demand the appearance of the jail trusty who testified that Willingham admitted the crime while he was in jail awaiting trial. He also sent invitations to Gov. Rick Perry’s chief counsel, the Texas Fire Marshal, the Navarro County district attorney and the state prosecuting attorney, but said their appearance wasn’t necessary.

Perry has defended the execution, describing Willingham as a “monster” whose appeals were repeatedly rejected by state and federal courts. Willingham supporters have accused Perry of interfering with the commission’s inquiry by ordering a shakeup of the membership during a crucial phase of the inquiry, but the governor has dismissed those assertions.

Baird said he could make a ruling within two weeks after the court of inquiry concludes it review."

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The story can be found at:

http://www.star-telegram.com/2010/09/27/2498201/judge-orders-court-of-inquiry.html

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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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: THE DALLAS MORNING NEWS WANTS SCIENCE PANEL'S FIRST REPORT TO REFLECT THE HIGH STAKES INVOLVED IN TEXAS;

"The commission was created in 2005 to review charges of professional negligence, and, where appropriate, prescribe "corrective action" for the agency in question. Defining a forensic professional's "duty to correct" appears central to the spirit of the law.

The Willingham report will be the commission's first. The tone should reflect the high stakes involved in the nation's leading death penalty state."

EDITORIAL: THE DALLAS MORNING NEWS; Wikipedia informs us that, "The Dallas Morning News is the major daily newspaper serving the Dallas, Texas (USA) area..."

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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 were 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. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

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"There appears to be little or no dissent among members of the Texas Forensic Science Commission that soon-to-be outdated science was used to build an arson-murder case that led to Cameron Todd Willingham's execution," the Dallas Morning News editorial published on September 21, 2010 begins under the heading, "Forensic panel should push in defining 'duty'.

"The key decision for the commission now is how to formalize that conclusion. It should send the strongest message possible to forensic investigators about their duty to justice," the editorial continues.

"The commission wisely decided last week to summon experts for face-to-face questioning on the state of arson science in 1992, when Willingham was convicted of setting the Corsicana fire that killed his three children.

Members are interested not only in the standards at the time but also whether emerging science had escaped the notice of Willingham investigators. It's an obvious question: Were they diligent in staying abreast of their craft?

To their credit, a majority of commissioners want to push further: They want to sort out a forensic investigator's responsibility when evolving science casts doubt on conclusions that had been reached under outmoded standards.

Common sense dictates that a person convicted through faulty evidence should have the right to a review by the courts. The proper mechanism is less clear, but it needs to be worked out. At the time of Willingham's execution in 2004, should there have been a professional review of the forensic standards used to convict him?

Delving into an investigator's "duty to correct" is beyond the bounds of the commission's mandate, contends Chairman John Bradley, Williamson County district attorney.

It's encouraging that the scientists on the nine-member commission disagree. Meeting in Dallas last week, Bradley also failed to hurry them along to a final draft in the Willingham case with a finding of no negligence.

The pushback exasperated Bradley, who complained the commission would just "waste another meeting." The public should be exasperated with Bradley.

The commission was created in 2005 to review charges of professional negligence, and, where appropriate, prescribe "corrective action" for the agency in question. Defining a forensic professional's "duty to correct" appears central to the spirit of the law.

The Willingham report will be the commission's first. The tone should reflect the high stakes involved in the nation's leading death penalty state."

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The editorial can be found at:

http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-forensic_0922edi.State.Edition1.8a8609.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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: STAR-TELEGRAM; SCIENCE PANEL MUST TELL TEXANS WHETHER INADEQUATE METHODS UNDERMINED THE ACCURACY OF HIS CONVICTTION.

"Last fall, after Beyler's report called into question the procedures and conclusions in Willingham's case, Gov. Rick Perry shook up the commission, replacing its chairman and several members whose terms had expired.

But the governor's action, which threw a political taint over the nine-member panel and delayed its work on the Willingham review, hasn't prevented the thorough examination that's needed.

Texans are entitled to know whether inadequate methods undermined the accuracy of this conviction, as well as others, and whether anyone should be answerable. Justice isn't done merely by getting criminal cases tried and punishment meted out. It's done by holding the right perpetrators accountable, through credible evidence and reliable procedures."

EDITORIAL: THE STAR-TELEGRAM; "The Fort Worth Star-Telegram is a major U.S. daily newspaper serving Fort Worth and the western half of the North Texas area known as the Metroplex. ..."

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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 were 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. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

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"The interest of good science prevailed at the Texas Forensic Science Commission on Friday. That's good for the credibility of the state's criminal justice system," the Star-Telegram editorial "Forensic panel can shed more light in WSillingham case," published on September 20, 2010, begins.

"A majority of the commission's members said they want more information before drawing conclusions about the professional competence of fire investigators whose work led to the capital murder conviction and 2004 execution of Cameron Todd Willingham of Corsicana," the editorial continues.

"Now, commissioners plan to listen to live testimony in November from Texas Fire Marshal officials and specialists in arson investigation.

The goal is to answer with certainty one of the most troubling questions raised by Willingham's case: Did investigators engage in negligence or misconduct in ruling that he deliberately set the fire that killed his three young daughters shortly before Christmas 1991?

The ultimate questions -- whether Willingham was erroneously convicted and, thus, wrongly executed -- the commission can't directly answer. It has neither the legal authority nor all the evidence to do so.

But commissioners do have the ability to shine more light on the processes that led to Willingham's indictment and conviction. And doing so can help improve the justice system and increase the care with which arson investigations are undertaken.

Commission Chairman John Bradley, a longtime prosecutor, has pushed for months for a formal finding that there wasn't enough evidence to call investigators negligent. But that wasn't good enough for the scientists on the commission. Several have continued to argue for more inquiry, including Sam Houston State University forensic science professor Sarah Kerrigan; Arthur Eisenberg, professor and chairman of the forensic and investigative genetics department at the University of North Texas Health Science Center; and Garry Adams, coordinator of the biodefense and emerging disease curriculum at Texas A&M University's College of Veterinary Medicine.

There seems to be agreement that the Corsicana Fire Department and Texas Fire Marshal's office relied on flawed scientific theories when they determined that the fire scene pointed to arson. Better science for evaluating fire scenes was available at the time and had been outlined in professional journals.

Panel members still are trying to determine what kind of training the investigators had then and whether they followed it.

One witness expected at the November meeting is Baltimore fire specialist Craig Beyler, whom the commission had hired to review investigation methods used to build criminal arson cases against Willingham and Ernest Ray Willis, the defendant in an earlier unrelated case that ultimately resulted in an exoneration.

Last fall, after Beyler's report called into question the procedures and conclusions in Willingham's case, Gov. Rick Perry shook up the commission, replacing its chairman and several members whose terms had expired.

But the governor's action, which threw a political taint over the nine-member panel and delayed its work on the Willingham review, hasn't prevented the thorough examination that's needed.

Texans are entitled to know whether inadequate methods undermined the accuracy of this conviction, as well as others, and whether anyone should be answerable. Justice isn't done merely by getting criminal cases tried and punishment meted out. It's done by holding the right perpetrators accountable, through credible evidence and reliable procedures."

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The editorial can be found at:

http://www.star-telegram.com/2010/09/20/2482452/forensics-panel-can-shed-more.html

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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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

DR. AUBREY LEVIN: NOTED FORENSIC PSYCHIATRIST; MONTH-LONG PRELIM; SEXUAL ASSAULTS ON PATIENTS ORDERED TO RECEIVE COURT-ORDERED ASSESSMENTS ALLEGED;

"In practice for 40 years, part of Levin’s duties included performing court-ordered assessments of offenders.

Levin, 71, faces 21 charges of sexual assault on patients, most of whom were ordered into treatment by judges.

Levin was first charged with sexual assault March 23 — days after he was suspended by the College of Physicians and Surgeons of Alberta — following a complaint by a 36-year-old man who had been a long-term patient.

When that news broke, police set up a tip line and several more of Levin’s patients contacted them saying they had also been victimized."

REPORTER KEVIN MARTIN: THE CALGARY SUN;
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BACKGROUND: Dr. Aubrey Levin, 71, was first arrested and charged March 23 after allegations that a 36-year-old patient was repeatedly sexually assaulted. Calgary Police said that following that charge, “the sex crimes unit was approached by numerous people alleging they, too, were Sexually assaulted by Levin during counselling sessions or court-ordered visits. These assaults allegedly occurred at Levin's Peter Lougheed (hospital) office or examination rooms. Dr. Levin has now been charged with 20 additional counts of sexual assault involving 20 other patients. Alberta Justice has been reviewing all criminal cases in which Dr. Levin offered testimony to ensure there were no miscarriages of justice. Spokesman David Dear said the work in 17 cases in which Dr. Levin was currently involved has been redone by other psychiatrists. The department is currently reviewing 21 other cases which had been finished. Mr. Dear said that Dr. Levin most commonly gave expert testimony to help the court make decisions on sentencing for people who had already been convicted.

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"Noted forensic psychiatrist Dr. Aubrey Levin will likely face a month-long preliminary inquiry into sex charges next spring, his lawyer said Tuesday," the Calgary Sun story by reporter Kevin Martin published on September 21, 2010 begins, under the heading, "Month-long pre-trial hearing for doctor accused of sex assault."

"Defence counsel Alain Hepner had hoped to set the date in provincial court, but instead had to schedule a pre-preliminary meeting," the story continues.

"“The practice and procedures require that we have a pre-preliminary meeting,” Hepner said, after failing to fast-track the setting of the hearing.

But he said he expects that will be done next week when Levin’s case is back in court to discuss what issues might arise in his preliminary inquiry.

“The trial coordinators office has reserved the entire month of June for the preliminary inquiry,” Hepner said.

He said his client will elect to stand trial in Court of Queen’s Bench, but he has yet to decide whether that will be before a jury, or judge sitting alone.

Hepner said a full month is needed because of the complexity of Levin’s case and the number of witnesses expected to be called by the Crown.

“There’s a number of critical witnesses who will be required to testify, each will be cross-examined,” he said.

“It’s pretty complicated.”

In practice for 40 years, part of Levin’s duties included performing court-ordered assessments of offenders.

Levin, 71, faces 21 charges of sexual assault on patients, most of whom were ordered into treatment by judges.

Levin was first charged with sexual assault March 23 — days after he was suspended by the College of Physicians and Surgeons of Alberta — following a complaint by a 36-year-old man who had been a long-term patient.

When that news broke, police set up a tip line and several more of Levin’s patients contacted them saying they had also been victimized."

Levin remains on bail pending a resolution to the case."

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The story can be found at:

http://www.calgarysun.com/news/alberta/2010/09/21/15431246.html

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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;