"In their amicus brief, the group of current and former law enforcement officials, lawmakers, exonerees and crime victims said the hearing was crucial as "confidence in the criminal justice system is shaken when problems go unaddressed."
"The tie that binds this diverse group of citizens together is the profound philosophical and practical concern that the Texas death penalty, as currently applied, unreasonably and substantially risks the conviction and execution of the innocent," wrote Walter Long, the group's attorney.
The group includes former Texas Gov. Mark White; former Maryland Gov. Parris Glendening; former Indiana Gov. Joe Kernan; six former federal prosecutors; five former state and federal judges; 12 current state lawmakers from California, Connecticut, Maryland, Nevada, New Jersey, New Mexico and Texas; current and former police chiefs from Connecticut, New Hampshire, New Jersey and Washington; and six death row exonerees from around the country."
REPORTER JUAN LOZANO; THE ASSOCIATED PRESS;
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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 from the outset.
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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"HOUSTON (AP) - An alliance of nearly 60 current and former prosecutors, judges, police chiefs, governors, death row exonerees and crime victims filed a legal brief Wednesday asking Texas' highest criminal court to let an unusual hearing on the constitutionality of the death penalty in the state continue," the Associated Press story by reporter Juan Lozano published earlier today begins.
"The court hearing in Houston was put on hold earlier this month after the Texas Court of Criminal Appeals granted a request by prosecutors to stop it," the story continues.
"The hearing, which was halted after two days of testimony, had been ordered by Kevin Fine, a state district judge who is considering a motion in a capital murder case on whether Texas' death penalty statute is unconstitutional.
Fine is a judge in Harris County, which has sent more inmates to the lethal-injection gurney than any other county in the U.S. Texas has more executions than any other U.S. state.
Lawyers for the Houston man who had asked for the hearing say problems with such things as eyewitness identification and evidence offered by informants have created flaws in death penalty prosecutions in Texas and resulted in a risk that innocent people like their client will be executed.
They said the case against their client, John Edward Green Jr., uses some of the same faulty evidentiary procedures that have resulted in others being wrongly convicted. Green, who is awaiting trial, faces a possible death sentence if convicted of fatally shooting a Houston woman during a June 2008 robbery.
Prosecutors with the Harris County District Attorney's Office have said the claims being made by Greens' attorneys are well-settled case law and that Fine doesn't have the authority to prevent the state from seeking the death penalty in the case.
In their amicus brief, the group of current and former law enforcement officials, lawmakers, exonerees and crime victims said the hearing was crucial as "confidence in the criminal justice system is shaken when problems go unaddressed."
"The tie that binds this diverse group of citizens together is the profound philosophical and practical concern that the Texas death penalty, as currently applied, unreasonably and substantially risks the conviction and execution of the innocent," wrote Walter Long, the group's attorney.
The group includes former Texas Gov. Mark White; former Maryland Gov. Parris Glendening; former Indiana Gov. Joe Kernan; six former federal prosecutors; five former state and federal judges; 12 current state lawmakers from California, Connecticut, Maryland, Nevada, New Jersey, New Mexico and Texas; current and former police chiefs from Connecticut, New Hampshire, New Jersey and Washington; and six death row exonerees from around the country.
George Flynn, a spokesman for the Harris County District Attorney's Office, said prosecutors were still reviewing the amicus brief.
That brief, as well as one by Green's attorneys were filed on Wednesday, the deadline the appeals court gave for motions on whether the death penalty hearing should continue. The appeals court did not set a timetable for when it would make a decision.
Fine initially declared the Texas death penalty statute unconstitutional last spring after granting the motion in Green's case. Under heavy criticism, Fine clarified then rescinded his ruling and ordered the hearing, saying he needed to hear evidence on the issue.
Prosecutors unsuccessfully tried to get Fine removed from the case, calling him biased against the death penalty.
Fine has said he believes capital punishment is constitutional and the hearing would focus only on the specific legal issues raised by Green's attorneys.
If the hearing were allowed to continue and Fine rules the state's death penalty statute is unconstitutional, prosecutors have said they would appeal the decision, which legal experts say would have a good chance of being overturned.
The debate over possible wrongful executions in Texas has been fueled in part by the case of Cameron Todd Willingham.
Willingham was put to death in 2004 after being convicted of burning down his home in Corsicana in 1991 and killing his 2-year-old daughter and 1-year-old twins. His execution has been questioned since several fire experts found serious fault in the arson findings that led to his conviction."
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The story can be found at:
http://www.victoriaadvocate.com/news/2010/dec/22/bc-tx-judge-death-penalty1st-ld-writethru/?business&texas
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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#
