"Perhaps most indicative of the slant of the commission investigation under Bradley is the fact that Beyler has not been asked to defend his report, for which he was paid $36,000 by the state.
Instead, the commission sought responses by the state fire marshal and Corsicana officials, who predictably endorsed the original findings.
As Chronicle columnist Rick Casey analyzed it, "So the commission's committee reaches a tentative conclusion in secret, then asks the two major arson investigating agencies in the case to defend themselves against Beyler's report, then doesn't bother to get Beyler's response." Beyler told the AP, "I would characterize their interest in my opinion as next to zero."
THE HOUSTON CHRONICLE: Wikipedia informs us that: "The Houston Chronicle is the largest daily newspaper in Texas, USA, headquartered in the Houston Chronicle Building in Downtown Houston. As of March 2008, it is the ninth-largest newspaper by circulation in the United States."
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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 ghost of Cameron Todd Willingham continues to haunt the halls of Texas criminal justice and the credibility of the Texas Forensic Science Commission," the Houston Chronicle editorial published earlier today under the heading, "Texas Forensic Science Commission's credibility at stake in Willingham probe," begins.
"At a meeting in Dallas today, the nine-member commission has the opportunity to lay this case to rest with a convincing analysis of the disputed evidence that resulted in the conviction and 2004 execution of Willingham for setting a 1991 Corsicana house fire that killed his three children. A last-minute appeal for a stay of execution to Texas Gov. Rick Perry was not granted," the editorial continues.
"If Willingham's prosecution involved flawed forensic science, as documented by a national arson expert, the course of the commission investigation reeks of bad political science.
Shortly before Craig Beyler, chairman of the International Association of Fire Safety Science, was to deliver a report to the commission nearly a year ago criticizing the arson ruling, Gov. Perry replaced the commission chair and several members. The new chairman, Williamson County District Attorney John Bradley, has since done everything possible to limit the scope of the probe. He tried and failed to get the commission members to rule the Willingham case outside their jurisdiction. Gov. Perry has continued to defend his decision to allow Willingham's execution to go forward, calling him "an absolute monster who killed his own kids."
As reported by the Associated Press, a draft report written by Bradley and three other commission members will be debated at the meeting today. It concludes that arson investigators met the standard of practice in place at the time. Beyler contended they did not, describing their ruling of arson in his report as invalid even by the standards of 1991.
Perhaps most indicative of the slant of the commission investigation under Bradley is the fact that Beyler has not been asked to defend his report, for which he was paid $36,000 by the state.
Instead, the commission sought responses by the state fire marshal and Corsicana officials, who predictably endorsed the original findings.
As Chronicle columnist Rick Casey analyzed it, "So the commission's committee reaches a tentative conclusion in secret, then asks the two major arson investigating agencies in the case to defend themselves against Beyler's report, then doesn't bother to get Beyler's response." Beyler told the AP, "I would characterize their interest in my opinion as next to zero."
The majority of forensic professionals on the commission have a last chance today to take the politics out of the process and salvage a balanced analysis of the evidence.
Otherwise, the Willingham haunting will continue indefinitely."
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The editorial can be found at:
http://www.chron.com/disp/story.mpl/editorial/7204813.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;