"These extraordinarily transparent moves reveal that Texas prosecutors and politicians refuse to take a hard look at the serious flaws in the state's death penalty system that has likely resulted in the execution of innocent people. They would be well-served to spend less time avoiding the truth-seeking process, and more time examining whether Texas has executed an innocent person.
If Gov. Perry, Bradley, and Texas prosecutors truly trust in Willingham's conviction and execution, they should welcome the court of inquiry and other proceedings and let the evidence speak for itself. The maneuvering to avoid the proceedings only serves to undermine public confidence in Texas' death penalty system that much more."
ACLU BLOG OF RIGHTS; DECEMBER 22, 2010;
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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
"Once again, Texas prosecutors have successfully stalled proceedings which almost certainly will establish that Texas executed Cameron Todd Willingham in 2004 for a crime he did not commit," the ACLU Blog of Rights post published on December 22, 2010 begins, under the heading, "Texas Justice (Still) Denied."
"Willingham's relatives had sought a court of inquiry before Judge Charles Baird in Austin to present new evidence of Willingham's innocence for the first time in a court of law. Prosecutors argued that the judge was biased and should be disqualified," the post continues.
"When Judge Baird did not agree, prosecutors sought an order from the Texas 3rd Court of Appeals that he should recuse himself, or refer the recusal motion to another judge. Yesterday, that court granted the prosecution's request, and for now, the fate of the court of inquiry remains uncertain. This latest maneuver is part of a broader pattern by Texas prosecutors and political actors to stall and thwart proceedings seeking to uncover the truth that Texas has executed innocent people.
Willingham steadfastly maintained his innocence of the arson-murder of his three children at the family home. Just months before his scheduled execution, an investigation by a leading national fire science expert revealed that the forensic science in Willingham's trial — the crux of the prosecution's evidence against him — had been wrong: the fire was an accident, not arson. The expert submitted his report to Gov. Rick Perry in Willingham's request for clemency. But Gov. Perry did not review the critical report, and allowed Willingham's execution to proceed.
After his death, Willingham's family members asked the Texas Forensic Science Commission to review the case; the commission agreed to consider it. But just days before it was set to release key findings, Gov. Perry replaced critical commission members and appointed Williamson County District Attorney John Bradley, a close political ally, as chairman of the commission. This shakeup delayed the commission's investigation. It's now set to meet again on the Willingham case on January 7, but Gov. Perry's political wrangling has severely compromised its appearance of objectivity. In the meantime, Willingham's family turned to another avenue, the court of inquiry.
Gov. Perry and Bradley have made no secret that they disapprove of a court of inquiry in Willingham's case. But Gov. Perry did not voice the same concerns when Judge Baird conducted an identical proceeding in the case of Tim Cole. Cole died in prison, serving a 25-year sentence for a rape he did not commit. At the request of his relatives, Judge Baird held a court of inquiry, where he heard testimony that another man had confessed to the rape and received DNA evidence that cleared Cole. Judge Baird ruled that Cole had been wrongfully convicted. Gov. Perry recognized Judge Baird's finding and granted Cole a posthumous pardon. Of course, Cole, unlike Willingham, was not executed on Gov. Perry's watch.
The 3rd Court of Appeals ruling yesterday marks the second time this month prosecutors have sought intervention by appeals courts to prevent evidence about the Willingham case from moving forward. In nearby Houston, defense lawyers representing John Green, a man charged with murder and facing the death penalty, had attempted to present evidence about Willingham's wrongful execution in their challenge to the constitutionality of the Texas death penalty system on grounds that it risks execution of the innocent. The Court of Criminal Appeals had at first refused to get involved, but after the hearing actually began, it changed its mind and halted proceedings. Like the Willingham court of inquiry, it is unclear whether the Green hearing will resume.
These extraordinarily transparent moves reveal that Texas prosecutors and politicians refuse to take a hard look at the serious flaws in the state's death penalty system that has likely resulted in the execution of innocent people. They would be well-served to spend less time avoiding the truth-seeking process, and more time examining whether Texas has executed an innocent person.
If Gov. Perry, Bradley, and Texas prosecutors truly trust in Willingham's conviction and execution, they should welcome the court of inquiry and other proceedings and let the evidence speak for itself. The maneuvering to avoid the proceedings only serves to undermine public confidence in Texas' death penalty system that much more.
One day, hopefully soon, Texas prosecutors and politicians will not be able to prevent the truth from surfacing any longer. Until then, Texas's death penalty system will unconscionably tolerate the risk of executing another innocent person."
The post can be found at:
http://www.aclu.org/blog/capital-punishment/texas-justice-still-denied
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;
