"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;
