"Conclusions made by arson investigators in the Corsicana case that ended with a man's execution were wrong by today's standards, Tarrant County Medical Examiner Nizam Peerwani said Friday.
But whether there is enough evidence to conclude that Cameron Todd Willingham was guilty or not guilty of killing his three daughters in 1991 is a question for the courts to decide, Peerwani said during a seminar at the Texas Wesleyan law school.
Peerwani, appointed by Gov. Rick Perry in December to the state Forensic Science Commission, ticked off flaws in the arson report that helped lead to Willingham's conviction and execution.
Among them, he said, investigators were wrong to conclude that the fire that swept Willingham's home had multiple starting points and that patterns indicated that an accelerant had been used, Peerwani said. By current standards of science, none of things that the arson investigators cited indicate arson, he said. But standards in the early '90s were evolving, he said."
REPORTER MITCH MITCHELL: THE STAR-TELEGRAM;
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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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"FORT WORTH -- Conclusions made by arson investigators in the Corsicana case that ended with a man's execution were wrong by today's standards, Tarrant County Medical Examiner Nizam Peerwani said Friday," the Star-Telegram story by reporter Mitch Mitchell published on October 8, 2010, under the heading, "Willingham inquiry was flawed, Peerwani says," begins.
"But whether there is enough evidence to conclude that Cameron Todd Willingham was guilty or not guilty of killing his three daughters in 1991 is a question for the courts to decide, Peerwani said during a seminar at the Texas Wesleyan law school," the story continues.
"Peerwani, appointed by Gov. Rick Perry in December to the state Forensic Science Commission, ticked off flaws in the arson report that helped lead to Willingham's conviction and execution.
Among them, he said, investigators were wrong to conclude that the fire that swept Willingham's home had multiple starting points and that patterns indicated that an accelerant had been used, Peerwani said. By current standards of science, none of things that the arson investigators cited indicate arson, he said. But standards in the early '90s were evolving, he said.
The forensic science commission is scheduled to meet in November to review the arson investigation.
"Texas is home to more verified wrongful convictions than any other state in the nation," Peerwani said.
It is good, then, that the criminal justice system is willing to admit and correct mistakes, he said.
"It means the system is working," he said.
Peerwani's speech was one session at the seminar, Innocence and the Road to Exoneration.
Mike Ware, head of the Dallas County Conviction Integrity Unit, specialists from the Innocence Project and legal professors from across the country discussed issues contributing to the estimated 1 to 3 percent of people under the control of the justice system who are wrongfully convicted.Four of the more than two dozen people who have been exonerated in cases from Dallas County also spoke.
Contradictory
testimony
Willingham was accused of setting the fire that killed his daughters -- 2-year-old Amber and 1-year-old twins Karmon and Kameron -- on Dec. 23, 1991, but he maintained his innocence, including in a Death Row interview with The Associated Press shortly before his execution in 2004.
Willingham was home alone with the children after his now ex-wife, Stacy Kuykendall, left for work. He was asleep, he testified, but was awakened by Amber's cries and saw smoke pouring through the house. Willingham said he groped through the smoke, trying, without success, to find his children as burning debris fell. He found the front door and escaped.
Authorities later said Willingham gave inconsistent accounts of what happened. Also, fire investigators concluded that accelerant was splashed on the floor and near the doorsill, presumably to block rescue attempts.
Peerwani questioned how much credence should have been given to an inmate who heard Willingham say he burned his children by dousing one of their arms and the area around her with lighter fluid and then setting fire to the fluid.
Also, Peerwani questioned the value of contradictory eyewitness testimony from neighbors. Some said Willingham did not seem sufficiently upset by the deaths. He never tried to rescue his daughters and was more concerned about his car burning up than about them, some neighbors said.
Other witnesses said Willingham was so distraught that he had to be restrained from trying to enter the house.
Peerwani's observations were only a few in a parade of flawed cases discussed during the seminar. Several scholars outlined structural deficiencies in the legal system that they considered impediments to reaching sound verdicts.
Mark Godsey, a University of Cincinnati law professor, said he has seen juries so swayed by expert testimony from the state that they overlook opposing evidence.
Often, just because forensic evidence is presented by the state, juries think it comes from NASA, Godley said.
"There is a long history in this country of people being convicted on faulty science," Godsey said.
This report includes material from the Star-Telegram archives."
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The story can be found at:
http://www.star-telegram.com/2010/10/08/2532914/willingham-inquiry-was-flawed.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;
