"The Texas Forensic Science Commission also is considering related questions in the Willingham case. But commissioners are focused primarily on questions about professional negligence and standards for forensic investigators; their mission does not include a big-picture look at the entire case.
Baird's challenge is to ensure that this hearing augments the commission's work, rather than undermines it.
No court can say with certainty whether Willingham was innocent. But this re-examination of the case could expose flaws in the judicial system and guide future reforms.
This hearing, which comes six years after Willingham's execution, is an imperfect approach. But perfection became impossible when the state executed Willingham with so many questions left unanswered."
EDITORIAL: THE DALLAS MORNING NEWS; Wikipedia informs us that, "The Dallas Morning News is the major daily newspaper serving the Dallas, Texas (USA) area, with a circulation of 263,810 subscribers, the Audit Bureau of Circulations reported in October 2009."
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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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"The questions surrounding the Cameron Todd Willingham case have become a constant drumbeat in Texas' death penalty discussion," the Dallas Morning News story published on October 1, 2010 begins under the heading, "Editorial: Willingham hearing imperfect but important."
"The underlying unknown: Did Texas err when it executed Willingham?," the editorial continues.
"The case of a man who was put to death for arson murder of his three daughters has become the state's most discussed, most studied and most maligned capital murder case. But despite an array of efforts to re-examine the questionable science that sent Willingham to his death, no legal determination has been made on whether he was wrongfully convicted.
That's what state District Judge Charlie Baird aims to do, starting with a hearing on Wednesday.
This is a bold move by Baird – one that opens up the Travis County judge to plenty of criticism if he proceeds clumsily. But handled with care, this posthumous hearing has the potential to provide important information about the mistakes in this case and to expose weaknesses in Texas' approach to the death penalty.
To ensure that opening this court of inquiry is a useful exercise, Baird must heed two cautions:
• Don't rush to judgment. Baird faces no looming deadline and has no reason to speed through the complexities of arson science. He has scheduled a two-day hearing but should allow more time as needed to hear from witnesses and thoroughly examine evidence.
• Listen to both sides. While this seems obvious, it's not clear whether Navarro County investigators and prosecutors who worked on this case will participate. Their perspective is essential to understanding the original Willingham verdict.
Gov. Rick Perry's office has been quick to point out that Willingham's conviction was upheld multiple times, suggesting that all of this is well-trod ground. But in fact, the appeals process is narrowly focused on ensuring that the defendant received a fair trial – not on examining new scientific evidence.
Post-trial accusations that Willingham investigators relied on folklore and junk science to find that the fire was arson weren't examined on appeal. This week's hearing will be the first time that a court has taken a hard look at whether relying on outdated arson science prompted the state to make a fatal error.
The Texas Forensic Science Commission also is considering related questions in the Willingham case. But commissioners are focused primarily on questions about professional negligence and standards for forensic investigators; their mission does not include a big-picture look at the entire case.
Baird's challenge is to ensure that this hearing augments the commission's work, rather than undermines it.
No court can say with certainty whether Willingham was innocent. But this re-examination of the case could expose flaws in the judicial system and guide future reforms.
This hearing, which comes six years after Willingham's execution, is an imperfect approach. But perfection became impossible when the state executed Willingham with so many questions left unanswered."
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The editorial can be found at:
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-willingham_03edi.State.Edition1.f75c18.html
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Two examinations of Willingham case: (Sidebar to this editorial);
Both the Texas Forensic Science Commission and a state district judge are re-examining the Cameron Todd Willingham case six years after the Corsicana man was executed. But the two entities have different missions:
• A court of inquiry is a seldom-used tool that allows a judge to act much like a grand jury. The process can be authorized when a district judge believes that an offense has been committed against the laws of this state. State District Judge Charlie Baird plans to use a court of inquiry to determine whether the state wrongly executed Willingham.
• The Texas Forensic Science Commission was created to strengthen the use of forensic science in criminal investigations and courts. The commission is supposed to investigate allegations of professional negligence or misconduct, promote the development of professional standards and recommend legislative improvements. In the Willingham case, the commission has discussed the outdated science that was used to win a conviction and has considered the responsibilities of investigators when scientific standards evolve."
THE DALLAS MORNING NEWS;
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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;