"The report contradicts one written for the commission last year by fire expert Craig Beyler, chairman of the International Association of Fire Safety Science. He wrote that the investigators didn't follow standards in place at the time.
"I would characterize their interest in my opinion as next to zero," Beyler said of the current commission.
Beyler also said the opinions of a state fire official in the case were "nothing more than a collection of personal beliefs that have nothing to do with science-based fire investigation" and that the deputy state fire marshal appeared "wholly without any realistic understanding of fires and how fire injuries are created."
REPORTER JEFF CARLTON: THE ASSOCIATED PRESS;
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PUBLISHER'S NOTE: The actual draft can be found through the following link:
http://camerontoddwillingham.com/?p=481
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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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"DALLAS — A state commission that planned last year to review a report finding fault with an arson investigation that led to a Texas man's execution — until Gov. Rick Perry reshuffled the panel — is now considering a report with a much different conclusion," the Associated Press story by reporter Jeff Carlton published earlier today begins under the heading, "Texas panel ready to end disputed arson inquiry."
"A revamped Texas Forensic Science Commission, led by a Perry appointee, meets Friday in Dallas to debate a report that finds fire investigators did not commit professional negligence or misconduct. The Associated Press obtained a copy of the report through an open records request," the story continues.
"If approved, the report would end the commission's inquiry into the Cameron Todd Willingham case. Willingham was put to death in 2004 on Perry's watch 12 years after being convicted of deliberately setting a fire that killed his three young children.
The new report concludes Texas fire investigators adhered to professional standards that existed at the time, while acknowledging standards have evolved. The report also says the state fire marshal's office should adopt standards published by the National Fire Protection Association for all current fire investigations.
The commission "concludes that the fire investigators met the standard of practice that an ordinary fire investigator would have exercised at the time the original Willingham investigation and trial took place," according to the report.
Williamson County District Attorney John Bradley, selected by Perry to replace Austin defense attorney Sam Bassett as head of the commission, was one of four commission members who wrote the report.
"This is a proposed draft, but no one should assume that the contents of it are in any way something the commission as a whole is predisposed to adopt," Bradley said in a telephone interview. "My expectation is we will have a long, intensive discussion about its contents all day long ... with the goal of trying to adopt something."
The report contradicts one written for the commission last year by fire expert Craig Beyler, chairman of the International Association of Fire Safety Science. He wrote that the investigators didn't follow standards in place at the time.
"I would characterize their interest in my opinion as next to zero," Beyler said of the current commission.
Beyler also said the opinions of a state fire official in the case were "nothing more than a collection of personal beliefs that have nothing to do with science-based fire investigation" and that the deputy state fire marshal appeared "wholly without any realistic understanding of fires and how fire injuries are created."
The testimony of fire investigators was the primary evidence against Willingham, who was convicted by a jury in Corsicana, south of Dallas, in 1992. They said they found pour patterns and puddling on the floor, signs someone had poured a liquid accelerant throughout Willingham's home. The defense didn't present a fire expert of its own, because he also concluded the fire was caused by arson.
Willingham's conviction was upheld nine times.
The report to be considered Friday says Beyler failed to show how he concluded investigators didn't follow the professional standards of their day. It also says Beyler declined to elaborate when asked to be more specific.
"His answer was disappointing in that he did not take the opportunity to provide any details or explanation, but just referenced his previous work," Bradley said.
Beyler, however, said he cited 15 textbooks referring to professional standards of the time and specifically pointed out how those standards weren't met in the Willingham case.
"If they didn't read how I backed up how they didn't follow the standards, then they didn't read very closely," Beyler said. Beyler maintains there is not enough evidence for an arson finding.
The Innocence Project, a New York group that specializes in wrongful conviction cases, has argued Willingham was wrongly executed.
The state commission was to question Beyler about his report last year, but that meeting was canceled when Perry removed Bassett and two others, saying their terms were up. The re-examination of Willingham's case has since slowed as the commission questioned whether it had jurisdiction to proceed and focused on policies and procedures in how it handles future cases.
Perry says the commission under Bradley is "moving at the appropriate pace."
"I feel confident that they're going to have the right answers," Perry said. "At the end of this, I think what you will find, that an absolute monster who killed his own kids and the science is going to be there to back it up. ... And I think at the end of the day, this is what Texans will see and agree with, that this was a very, very bad man who killed his kids.""
Associated Press Writer Jamie Stengle contributed to this report.
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The story can be found at:
http://www.statesman.com/news/texas/texas-panel-ready-to-end-disputed-arson-inquiry-915514.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;
