"Where the Forensic Science Commission has unconscionably dragged its feet in providing an answer, San Antonio attorney Gerald Goldstein has stepped in. Goldstein made a court-of-inquiry filing in an Austin district court last week on behalf of the Innocence Project seeking to clear Willingham's name.
Goldstein made the filing with State District Judge Charlie Baird, who last year cleared Timothy Cole of a sexual assault for which he received a 25-year sentence. Cole died in jail in 1999. In March, Perry issued the state's first posthumous pardon for innocence to Cole.
The difference between Cole and Willingham is that Perry was governor when Willingham was executed, he received Willingham's clemency report and he denied Willingham's request for a stay of execution that might have highlighted the dubious forensic science that put him on death row.
Those are inconvenient facts in an election year for members of the Forensic Science Commission handpicked by Perry. But justice — and the determination of whether Texas executed an innocent man — should not be held hostage to partisan politics."
EDITORIAL; EXPRESS-NEWS; Wikipedia informs us that the San Antonio News-Express is, "The San Antonio Express-News is the daily newspaper of San Antonio, Texas. It is ranked as the third-largest daily newspaper in the state of Texas in terms of circulation, and is one of the leading news sources of South Texas, with offices in Austin, Brownsville, Laredo, and Mexico City. The Express-News is owned by the Hearst Corporation."
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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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"Cameron Todd Willingham was convicted of murdering his three daughters by arson in 1991, the Express-news editorial which appeared on October 1, 2010 begins, under the heading, "Delay in Willingham case is unconscionable."
"There were no eyewitnesses to the alleged arson. Willingham was sentenced to death on the basis of forensic evidence. The state of Texas executed him in 2004," the editorial continues.
"Both before and especially after the execution, arson experts raised serious questions about the forensic evidence used to convict Willingham. Those experts now believe a space heater or faulty electrical wiring is the most likely cause of the fire that consumed the Willingham home in Corsicana.
The Texas Forensic Science Commission agreed to take up the Willingham case in 2007. It is precisely the kind of case the commission was created to address — one in which professional negligence or misconduct may have led to forensic errors.
But the commission, with plenty of manipulation by Gov. Rick Perry, has gone to ridiculous lengths to prolong a finding in the Willingham case. At its September meeting, the commission once again pushed back a discussion of forensic standards applicable to the case until November — after the election.
Underlying the faulty forensics is this question: Did Texas put an innocent man to death in 2004?
Where the Forensic Science Commission has unconscionably dragged its feet in providing an answer, San Antonio attorney Gerald Goldstein has stepped in. Goldstein made a court-of-inquiry filing in an Austin district court last week on behalf of the Innocence Project seeking to clear Willingham's name.
Goldstein made the filing with State District Judge Charlie Baird, who last year cleared Timothy Cole of a sexual assault for which he received a 25-year sentence. Cole died in jail in 1999. In March, Perry issued the state's first posthumous pardon for innocence to Cole.
The difference between Cole and Willingham is that Perry was governor when Willingham was executed, he received Willingham's clemency report and he denied Willingham's request for a stay of execution that might have highlighted the dubious forensic science that put him on death row.
Those are inconvenient facts in an election year for members of the Forensic Science Commission handpicked by Perry. But justice — and the determination of whether Texas executed an innocent man — should not be held hostage to partisan politics."
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The editorial can be found at:
http://www.mysanantonio.com/opinion/delay_in_willingham_case_is_unconscionable_104111154.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;
