"Since the Innocence Project filed the Willingham complaint in 2006, the commission has heard from an expert panel of forensic scientists and met several times to discuss the case, but it has not issued findings in its investigation. The TFSC has delayed once again. This time, members of the forensic oversight panel are asking the Attorney General’s opinion on the scope of their authority over the case, according to the Fort Worth Star-Telegram.
"This is clearly someone's legal effort to prevent the commission from doing what the Legislature had intended for it to do," said Stephen Saloom, policy director for the Innocence Project in New York."
THE INNOCENCE PROJECT;
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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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"The Texas Forensic Science Commission has been holding meetings for more than a year to investigate whether professional negligence or misconduct played a role in the forensic evidence that led to Cameron Todd Willingham’s arson conviction and whether other people are serving time in Texas prisons under similarly faulty evidence" the FebruARY 8, 2011 Innocence Blog post published under the heading, "More on Delay in Willingham Investigation begins.
"Since the Innocence Project filed the Willingham complaint in 2006, the commission has heard from an expert panel of forensic scientists and met several times to discuss the case, but it has not issued findings in its investigation," the post continues.
"The TFSC has delayed once again. This time, members of the forensic oversight panel are asking the Attorney General’s opinion on the scope of their authority over the case, according to the Fort Worth Star-Telegram.
"This is clearly someone's legal effort to prevent the commission from doing what the Legislature had intended for it to do," said Stephen Saloom, policy director for the Innocence Project in New York.
Saloom said the request for yet another legal opinion was "overkill." He said that Barbara Deane, an attorney in the attorney general's office, has been present at all commission meetings and executive sessions since the commission was formed.
"She was there for the purpose of the commission to be in compliance with state law, and at least tacitly, if not explicitly, approved their authority to investigate," he said.
The Star-Telegram reports that the commission’s main question is whether it has the ability to investigate cases in which “the evidence underlying the forensic analysis was tested or offered into evidence” years before the commission was created in September 2005.
Depending on the AG’s answer, the commission could be forced to abandon its Willingham investigation altogether.
The TFSC will next meet on April 15."
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The post can be found at:
http://www.innocenceproject.org/Content/More_on_Delay_in_Willingham_Investigation.php
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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
