"The court ruled that Baird should not have commenced a hearing into the case in October after Navarro County District Attorney R. Lowell Thompson, whose office prosecuted Willingham in 1992, accused Baird of bias and asked Baird to recuse himself from the case.
“Judge Baird abused his discretion by failing to either recuse himself or refer the motion to the presiding judge of the administrative judicial district,” said the opinion, written by Chief Justice Woodie Jones and released Tuesday morning."
REPORTER STEVEN KREYTAK: THE AUSTIN AMERICAN-STATESMAN;
THE OPINION AND DISSENT CAN BE FOUND THROUGH THE TEXAS STANDDOWN PROJECT SITE AT:
http://standdown.typepad.com/weblog/2010/12/appeals-court-rules-in-willingham-court-of-inquiry-recusal-issue.html
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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...
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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"The Austin-based 3rd Court of Appeals has ruled that state District Judge Charlie Baird abused his discretion in handling an inquiry into the case of Cameron Todd Willingham, a man whose lawyers contend was wrongfully executed in 2004," the Austin American-Statesman story by reporter Steve Kreytak published earlier today under the heading. "Appeals court rebukes Baird in Willingham inquiry," begins.
"The court ruled that Baird should not have commenced a hearing into the case in October after Navarro County District Attorney R. Lowell Thompson, whose office prosecuted Willingham in 1992, accused Baird of bias and asked Baird to recuse himself from the case," the story continues.
"“Judge Baird abused his discretion by failing to either recuse himself or refer the motion to the presiding judge of the administrative judicial district,” said the opinion, written by Chief Justice Woodie Jones and released Tuesday morning.
A jury convicted Willingham in 1992 of killing his three young daughters by setting fire to his Corsicana house. Shortly before his execution, the first in a string of experts found that investigators relied on bogus science to determine that the fire was intentionally set.
Baird, who is leaving his Travis County-based bench at the end of the year to enter private practice, held a hearing in the case in October on a petition filed by Willingham’s relatives.
Prior to the hearing, Baird ruled that Thompson was not a party to the court action and therefore he refused to rule on Thompson’s recusal motion. Only lawyers for Willingham’s family members participated in the hearing, where fire experts attacked the original arson investigation.
“There is not a single item of evidence at that fire scene that would even suggest this was arson,” said Gerald Hurst, an Austin chemist who has studied fire for decades.
After Baird adjourned the hearing he learned that the 3rd Court issued a stay to the proceedings, a ruling that prevented him from ruling.
Willingham’s family members are seeking a declaration that Willingham was wrongfully executed. They also claim that Texas officials committed official oppression in their handling of Willingham’s appeals.
A three-judge panel of the 3rd Court considered the case. Justice Bob Pemberton joined Jones; Justice David Puryear dissented.
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The story can be found at:
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/courts/entries/2010/12/21/appeals_court_rebukes_baird_in.html?cxntfid=blogs_austin_legal
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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#