"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;
