"The commission is examining allegations, made by fire scientists and the Innocence Project of New York, that investigators relied on bad science and poor techniques to conclude that Willingham intentionally set fire to his Corsicana home in 1991, killing his three young daughters.
The City of Corsicana and the state fire marshal's office, however, have long complained that the commission lacks the authority to examine their investigators' actions and conclusions.
On Friday, as they contemplated drafting a final report in the Willingham matter, the nine commission members voted unanimously to ask Attorney General Greg Abbott's office to determine whether Corsicana and the fire marshal are correct.
"It's been the elephant in the room the entire time," Commissioner Lance Evans said after the meeting in downtown Austin. Evans made the motion to seek Abbott's opinion."
REPORTER CHUCK LINDELL: THE AMERICAN-STATESMAN;
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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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=7867844197650230941
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"Adding an unexpected twist to its investigation of the science used to convict and execute Cameron Todd Willingham for arson murder, the Texas Forensic Science Commission voted Friday to seek an attorney general opinion on the limits of its jurisdiction," the American-Statesman story by reporter Chuck Lindell published on January 11, 2011 begins, under the heading, "Willingham probe takes unexpected turn: Panel to seek attorney general's opinion on jurisdiction."
"The commission is examining allegations, made by fire scientists and the Innocence Project of New York, that investigators relied on bad science and poor techniques to conclude that Willingham intentionally set fire to his Corsicana home in 1991, killing his three young daughters," the story continues.
"The City of Corsicana and the state fire marshal's office, however, have long complained that the commission lacks the authority to examine their investigators' actions and conclusions.
"On Friday, as they contemplated drafting a final report in the Willingham matter, the nine commission members voted unanimously to ask Attorney General Greg Abbott's office to determine whether Corsicana and the fire marshal are correct.
"It's been the elephant in the room the entire time," Commissioner Lance Evans said after the meeting in downtown Austin. Evans made the motion to seek Abbott's opinion.
In the meantime, commissioners vowed to continue working toward a final report.
"I certainly think we could make findings ... on the state of fire investigation back at that time, the evolution of fire investigation up to the present day and where mistakes might have been made," said Evans, a Fort Worth defense lawyer.
However, two of the most contentious questions will have to wait for Abbott's written opinion before they can be addressed:
• Did Willingham's investigators act negligently?
• Did the fire marshal's office have an obligation to correct old arson findings based on evidence now discredited by scientific advancements?
Corsicana and state Fire Marshal Paul Maldonado contend that the 2005 law creating the commission also limited its investigations to forensic analyses conducted since 2005 by a laboratory or facility that is accredited by the Department of Public Safety — conditions that do not apply to the 1991 Willingham fire.
Panel Chairman John Bradley, Williamson County's district attorney, made similar arguments in a memo he submitted for commission consideration last summer.
At the time, Willingham supporters accused Bradley, who has labeled Willingham a "guilty monster," of trying to derail the investigation. Bradley replied that his memo would not apply to ongoing inquiries.
Commissioners, however, declined to act on the memo after several legislators who were instrumental in creating the agency rebutted Bradley's analysis, saying the law was not intended to limit investigations to accredited labs or to post-2005 cases.
Willingham was executed in 2004, and the science commission began its investigation four years later.
Death penalty opponents are hoping for findings that would erode support for capital punishment by bolstering arguments that Texas executed an innocent man.
Execution supporters say other evidence, such as a jailhouse informant's testimony that Willingham confessed, shows he was guilty despite questions about the scientific validity of arson evidence used to convict him.
Two weeks ago, the panel heard from two nationally known fire experts who said the Willingham investigators should be considered negligent for conducting an incomplete investigation and for jumping to an arson conclusion that lacked scientific backing and ignored some witness accounts. A representative of the state fire marshal's office disputed their conclusions and said the agency stands by the arson finding.
In related action Friday, commissioners changed how the Willingham report will be written.
Originally, a four-member subcommittee was to draft a report during a public meeting and then present it to the full committee of seven forensic scientists, a defense lawyer and a prosecutor.
Now, commissioners will submit suggestions to the agency's general counsel, who will compile a draft report. Final language will be hashed out by the full commission in a future open meeting, Evans said."
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The post can be found at:
http://fwix.com/austin/share/66b27ed102/willingham_probe_takes_unexpected_turn
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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;
