"The Texas Forensic Science Commission has been looking into the investigation of a 1991 house fire that killed three small children. The children's father, Cameron Todd Willingham, was convicted of setting the fire and executed in 2004. But the commission said it's not sure it has authority in cases that started before it was created in 2005 and has asked the Texas Attorney General's Office for advice on that matter.
The commissioners also have asked whether they have authority over investigators or agencies who may have not been accredited before 2005.
Still, commissioners decided to move ahead with their report without waiting for the attorney general's response."
REPORTER MICHAEL GRACZYC: THE ASSOCIATED PRESS;
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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
For an important critique of the devastating state of arson investigation in America with particular reference to the Willingham and Willis cases, go to:
http://smithforensic.blogspot.com/2011/01/fire-investigation-great-read-veteran.html
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"AUSTIN — A Texas commission looking into an arson investigation that led to the execution of the man convicted of starting the fatal fire decided Friday to move ahead with a report on the case even though its authority is not clear," the Associated Press story by reporter Michael Graczyk published earlier today in the Texas Chronicle begins, under the heading, "Texas panel to issue report on convicted arsonist who was executed," begins.
"The Texas Forensic Science Commission has been looking into the investigation of a 1991 house fire that killed three small children," the story continues.
"The children's father, Cameron Todd Willingham, was convicted of setting the fire and executed in 2004. But the commission said it's not sure it has authority in cases that started before it was created in 2005 and has asked the Texas Attorney General's Office for advice on that matter.
The commissioners also have asked whether they have authority over investigators or agencies who may have not been accredited before 2005.
Still, commissioners decided to move ahead with their report without waiting for the attorney general's response.
"I want the commission to find a way where we can continue making progress, so things do not come to a standstill," Commissioner Lance Evans said. "I would like us to move forward with all speed."
State law gives the commission the authority to make recommendations on overall practices and procedures performed by investigators, but it does not have the power to sanction them, Evans said.
The panel's investigation started in 2006. It became politically charged in September 2009 when Gov. Rick Perry, who appoints its members and refused to stop Willingham's execution, replaced the chairman and two other commissioners days before they were to hear from a fire expert who later testified that he thought the fire's cause should have been listed as undetermined. That man, Craig Beyler of Baltimore, Md., finally testified two weeks ago.
In the original investigation, the lead investigator with the State Fire Marshal's Office ruled the fire was an arson started with an accelerant, and a local investigator concurred. Prosecutors accused Willingham of starting the fire, and he was later convicted and executed.
The assistant director of the fire marshal's office, who also appeared before the commission two weeks ago, stood by those 1991 findings despite contrary conclusions reached by Beyler and John DeHaan, a consultant from Vallejo, Calif. They described the original investigation as deficient and inadequate.
Death penalty opponents contend such testimony could help make Willingham the first inmate declared wrongly executed since the U.S. Supreme Court allowed capital punishment to resume in the mid-1970s.
However, the commission said previously it found no misconduct or negligence by the original investigators, who were relying on techniques and information available at the time. New fire investigation standards weren't adopted until 1992, the same year Willingham was convicted.
Willingham, a 36-year-old unemployed mechanic from Corsicana, did not testify at his trial, but he always insisted — even in the moment before his execution — that he was innocent. He believed the Dec. 23, 1991, fire could have been started accidentally by his 2-year-old daughter, Amber, who died along with her 1-year-old twin sisters, Karmon and Kameron.
The commission did not set a timetable for work on the report. Its next meeting is in April.
Commissioner Arthur Eisenberg said the investigation had already experienced many delays and it needed to be wrapped up with a report. But he said that without a decision from the attorney general, "we're still going to be in this muddy water.""
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The story can be found at:
http://www.chron.com/disp/story.mpl/metropolitan/7391715.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;
