"The re-examination of the case turns on a critical finding that came only weeks before Willingham’s scheduled execution: The investigators who had determined that Willingham had set the fire that killed his three daughters had relied on an outdated understanding of arson evidence. “Todd Willingham’s case falls into that category where there is not one iota of evidence that the fire was arson,” forensic scientist Gerald Hurst tells FRONTLINE of the results of his review of the evidence. “Fundamentally, this was a classic accidental fire.”
But even with a central pillar of the state’s case against Willingham in doubt, Texas Gov. Rick Perry refused to delay Willingham’s execution. Last year a report commissioned by the Texas Forensic Science Commission backed up the findings of Dr. Hurst, finding that the arson evidence against Willingham did not have “any basis in modern fire science.” Perry publicly defended his handling of the case and quickly replaced the commission’s chairman, Sam Bassett.
“If we make a mistake, are we going to learn from it?” Bassett asks FRONTLINE. “Or are we going to try to sweep it under the rug and act like nothing happened?”"
FRONTLINE: ABC;
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BACKGROUND OF REVIEW: District Judge Charlie Baird agreed to hold the unprecedented two-day hearing to consider evidence on whether Cameron Todd Willingham was actually innocent of and executed for a crime that never occurred. Willingham was executed in 2004 in connection with a fire in his home in Corsicana that claimed the lives of his three young children. State officials – including the State Fire Marshal's Office – concluded that the 1991 fire had been deliberately set by Willingham; Willingham maintained his innocence, including in his last words before death...Baird, who will retire at the end of the year, will consider testimony and evidence in the case on Oct. 6 and 7. Baird last year presided over the state's first posthumous hearing in the case of Tim Cole.
BACKGROUND OF WILLINGHAM CASE: (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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"Several controversial death penalty cases are currently under examination in Texas and in other states, but it’s the 2004 execution of Cameron Todd Willingham -- convicted for the arson deaths of his three young children -- that’s now at the center of the national debate," the Frontline set-up piece begins, under the heading, "Frontline investigates whether the State of Texas executed an innocent man."
"In Death by Fire, FRONTLINE’s season premiere, airing Tuesday, Oct. 19, 2010, at 9 P.M. ET on PBS (check local listings), FRONTLINE gains unique access to those closest to the Willingham case -- meticulously examining the evidence used to convict Willingham, offering an in-depth portrait of those most impacted by the case, and exploring the explosive implications of the execution of a possibly innocent man." the set-up piece continues.
"“The state of Texas executed a man for a crime that they couldn’t prove was really a crime,” nationally renowned fire scientist John Lentini tells FRONTLINE.
The re-examination of the case turns on a critical finding that came only weeks before Willingham’s scheduled execution: The investigators who had determined that Willingham had set the fire that killed his three daughters had relied on an outdated understanding of arson evidence. “Todd Willingham’s case falls into that category where there is not one iota of evidence that the fire was arson,” forensic scientist Gerald Hurst tells FRONTLINE of the results of his review of the evidence. “Fundamentally, this was a classic accidental fire.”
But even with a central pillar of the state’s case against Willingham in doubt, Texas Gov. Rick Perry refused to delay Willingham’s execution. Last year a report commissioned by the Texas Forensic Science Commission backed up the findings of Dr. Hurst, finding that the arson evidence against Willingham did not have “any basis in modern fire science.” Perry publicly defended his handling of the case and quickly replaced the commission’s chairman, Sam Bassett.
“If we make a mistake, are we going to learn from it?” Bassett asks FRONTLINE. “Or are we going to try to sweep it under the rug and act like nothing happened?”
Experts tell FRONTLINE there could be hundreds of innocent people in prison for arson cases where the evidence was misinterpreted by investigators. But not everyone is convinced that Willingham was innocent. Despite the evidence the fire was not an arson, in the town of Corsicana, Tex., where the deaths occurred, many say Willingham was guilty. Even Willingham’s own defense attorney, David Martin, still insists his client started the deadly fire. “Of course I thought he was guilty,” Martin says. “The real fact of the matter is that Willingham was guilty. He wasn't innocent. He really set that fire and killed those kids.”
Through interviews with Willingham’s friends and family, FRONTLINE tells the story of a troubled young man with a history of domestic violence who quickly became the prime suspect in his children’s deaths. The discovery by fire investigators of more than 20 indicators of arson at the scene of the fire pointed directly to Willingham’s guilt.
At the trial, jurors heard evidence that Willingham had confessed to a fellow inmate; that he was a sociopath; and that he had posted satanic images on the walls of his house. “He was an individual with essentially no redeeming value,” former prosecutor John Jackson tells FRONTLINE. “This was his crowning achievement as a psychopath: the murder of his three children.”
Death by Fire tells the story a writer named Elizabeth Gilbert who first began to question Willingham’s conviction and to draw attention to the possible miscarriage of justice after corresponding with Willingham as part of a prison pen pal program. As Gilbert dug into Willingham’s case, she found problems with the alleged jailhouse confession and the evidence that Willingham was a sociopath or Satanist. In fact, the satanic images prosecutors had introduced at trial were posters for the rock bands Iron Maiden and Led Zeppelin. “They never established a motive,” Gilbert tells FRONTLINE. “So then their motive shifted to Todd just being an evil person.”
Death by Fire is a FRONTLINE production with Kirk Documentary Group in association with StartBox Films. The producer and director is Jessie Deeter. The co-producer is Mike Wiser. The writers are Mike Wiser and Michael Kirk. The senior producer is Michael Kirk. FRONTLINE is produced by WGBH Boston and is broadcast nationwide on PBS. Funding for FRONTLINE is provided through the support of PBS viewers and by the Corporation for Public Broadcasting. Major funding for FRONTLINE is provided by The John D. and Catherine T. MacArthur Foundation and Reva and David Logan. Additional funding is provided by the Park Foundation and the FRONTLINE Journalism Fund. FRONTLINE is closed-captioned for deaf and hard-of-hearing viewers and described for people who are blind or visually impaired by the Media Access Group at WGBH. FRONTLINE is a registered trademark of WGBH Educational Foundation. The senior producer of FRONTLINE is Raney Aronson-Rath. The executive producer of FRONTLINE is David Fanning."
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The story can be found at:
http://www.writeaprisoner.com/vbforum/f28/frontline-91731.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;http://www.newsweek.com/2010/10/09/alter-rick-perry-texas-and-the-death-penalty.html#
