"If a court of inquiry finds Willingham innocent, it will be the first ruling in this country's modern judicial system that an innocent person has been executed for a crime he did not commit — which could have profound implications for the future of the death penalty, especially in Texas, the country's most prolific execution state.
But equally important is the issue of junk science, which is endemic in Texas courts, according to Jeff Blackburn, chief counsel to the Innocence Project of Texas....."
EDITORIAL: THE HOUSTON CHRONICLE;
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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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"It's been six years since Cameron Todd Willingham was executed at age 36 for the arson murder of his three young daughters at the family home in Corsicana in 1991," the Houston Chronicle editorial published on October 20, 2010 begins, under the heading, "Death by arson? Junk science and the death penalty, a toxic combination."
"But his case is far from over. In fact, it has become a catalyst for an intense debate on Texas justice, on the prevalence of "junk science" in Texas courts and on the validity of the death penalty itself," the editorial continues.
"Willingham consistently protested his innocence, and even before his death in 2004, experts had raised serious doubts that he had set the fire that killed his children.
In 2005, the state created the Texas Forensic Science Commission, a nine-member body that would investigate claims of misconduct or mistakes by forensic scientists. At the request of the Innocence Project, an organization dedicated to exonerating wrongly convicted people, the commission took up the Willingham case and engaged nationally renowned fire expert Craig Beyler to review the evidence. In 2009, he came back with a scathing indictment of the original investigation, saying it relied on "discredited folklore" and had no scientific basis.
But late last year, just a few days before Beyler's report was due to come up before the commission, Gov. Rick Perry abruptly replaced its chair and two other members.
The new chair was John Bradley, a conservative district attorney. His first act was to cancel the planned discussion. He then appointed himself to a four-member committee to review the case in private. Earlier this month, he told the Associated Press that Willingham was a "guilty monster," echoing Perry's words to reporters a year ago that Willingham was "a monster … a heinous individual who murdered his kids."
But Willingham's family and attorneys, anxious to clear his name, have asked for a court of inquiry, a rare procedure, to investigate whether he was wrongly convicted. Currently in limbo because of a stay issued last week at the request of the district attorney whose office originally convicted Willingham, both sides are scheduled to argue this Friday whether or not a hearing can take place.
If a court of inquiry finds Willingham innocent, it will be the first ruling in this country's modern judicial system that an innocent person has been executed for a crime he did not commit — which could have profound implications for the future of the death penalty, especially in Texas, the country's most prolific execution state.
But equally important is the issue of junk science, which is endemic in Texas courts, according to Jeff Blackburn, chief counsel to the Innocence Project of Texas. One solution he advocates is forensic labs that are independent of law-enforcement agencies - a policy wholeheartedly endorsed by Harris County District Attorney Pat Lykos, who has been fighting for just such a regional, independent lab in Houston.
The forensic science commission, created in the aftermath of the colossal scandal that caused the closing of the Houston Police Department's crime lab in late 2002, is a good idea. We need to let it do its job - which is not to pass judgment on Willingham's guilt or innocence, but to review the scientific integrity of the evidence in the case. And the sooner we can get that independent regional crime lab up and running, the better for all of us."
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The story can be found at:
http://www.chron.com/disp/story.mpl/editorial/7256456.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;