"Secret committee meetings produced a tentative conclusion this summer that outmoded science, not professional negligence, was central to the arson finding that led to Willingham's execution in 2004.
"The committee's rationale was not clear, given the closed-door meetings. Commission Chairman John Bradley appeared ready to move the case along to an official conclusion – kind of an official "oops" – despite the absence of open discussion involving outside experts.
The public deserves to see a public dissection of the case when the commission meets in Dallas on Friday, but it's hard to be optimistic."
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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PUBLISHER'S NOTE: I was amused to learn earlier today that the Motto of the Texas Forensic Science Commission is "Justice through Science." How ironic is that? Since the Commission was reorganized and stacked by Texas Governor Rick Perry it has been anything but "just" or respectful of science. Displaying classical tunnel vision it has been utterly geared and manipulated toward one end: publicly confirming the guilt of Cameron Todd Willingham, exonerating the "experts" whose flawed opinions resulted in his execution, and covering up the tragic reality that Texas executed an innocent man. How just is that? Moreover the Commission has refused to recognize the forensic reports which shed such disturbing light on the opinions of arson "experts" expressed all too clearly at the time. How is that in the spirit of truly scientific Inquiry? If anything, the motto of the Commission should be "Justice Through Science As Tainted by the Ugly Reality of Texas Politics." I find it hard to believe that the members of a Commission supposedly committed to "Justice Through Science" would abdicate its responsibility to expose the faulty science behind Willingham's conviction in order to ensure that innocent persons imprisoned because of it have the opportunity to secure their freedom and opportunity. But I'm not totally surprised by the Commission's recalcitrance in light of innocence lawyer Barry Scheck's powerful analogy that the Cameron Todd Willingham case is the Dreyfus Affair of the United States. There was little the French government wouldn't stoop to avoid exposure of it's wrongful Treason prosecution of Alfred Dreyfus. Similarly it appears that the Texas government will go to any length to maintain the myth that Willingham was guilty. The good news is that some truths are too dark and monumental to bury. The French government failed and I trust that Governor Perry and his cohorts will too. one can only hope that at least one or two members of the Commission will have the courage and character to stand up both for justice and science and not allow the ugly stench of politics to get in the way.
HAROLD LEVY: PUBLISHER; THE CHARLES SMITH BLOG;
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"The Texas Forensic Science Commission needs to put its discussions on the Cameron Todd Willingham case out in the open where they belong – and keep them there," the Dallas Morning News editorial published earlier today under the heading, "Forensics panel should hear experts," begins.
"Secret committee meetings produced a tentative conclusion this summer that outmoded science, not professional negligence, was central to the arson finding that led to Willingham's execution in 2004," the editorial continues.
"The committee's rationale was not clear, given the closed-door meetings. Commission Chairman John Bradley appeared ready to move the case along to an official conclusion – kind of an official "oops" – despite the absence of open discussion involving outside experts.
The public deserves to see a public dissection of the case when the commission meets in Dallas on Friday, but it's hard to be optimistic.
A year ago, before Gov. Rick Perry cleaned house at the commission and installed Bradley, a noted arson scientist was invited to explain a report he had been hired to complete on the Willingham case. The expert, Craig Beyler, was bitingly critical of arson investigators who concluded Willingham set a fire that killed his three daughters in Corsicana.
That was last summer. Beyler was disinvited under Bradley's leadership, setting back consideration of the case for months. (Ironically, the Beyler report is referenced in the draft recommendation absolving the original arson investigators of negligence.)
But now there's a new wrinkle: The two agencies whose work is being questioned are pushing back hard against the Beyer findings. Both the city of Corsicana and the State Fire Marshall's office have submitted lengthy rebuttals to the forensic commission.
Will commission members publicly question any of the officials involved? There's no indication they will, unfortunately, and the commission isn't providing details about who might appear at Friday's meeting.
That could mean members will be left to sort through conflicting written reports as they attempt to reach a conclusion that will fulfill the commission's mandate and provide the public with clarity.
The commission wasn't created to retry a criminal case, so debating Willingham's guilt or innocence – and there's no way to know – is a useless exercise. Lawmakers created the commission in 2005 to look into complaints of misfeasance by forensics professionals and recommend ways to improve the justice system.
There are important lingering questions about the arson investigators involved in Willingham's criminal case:
• As the execution neared, did they recognize that arson science was evolving and could change their findings?
• Were they aware that outside experts had raised serious questions about the investigation based on new standards that were being adopted nationally?
• Did they have an obligation to step forward and do a re-evaluation?
The way the commission addresses these questions will show its willingness to set high expectations for how forensics professionals discharge their responsibilities. In Texas, that can be a life-and-death matter."
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The editorial can be found at:
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-comish_16edi.State.Edition1.196c757.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;
