"We remain chagrined by Bradley's branding of Willingham as a "guilty monster." More than one court has affirmed Willingham's guilt. And if he did what he was convicted of doing, he is a monster.
But the name-calling should be left to folks other than the chairman of a commission reviewing the science used to convict a man. Asked after the Monday meeting whether he regrets the choice of words, Bradley said, "My mom regrets that."
We're with Mom."
EDITORIAL: THE AUSTIN 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://smithforensic.blogspot.com/2011/01/fire-investigation-great-read-veteran.html
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"Williamson County District Attorney John Bradley's tenure as chairman of the Texas Forensic Science Commission didn't begin auspiciously and has been marked by missteps since then," the Austin Statesman editorial published on March 2, 2011 under the heading, "Bradley is the wrong man for important job," begins.
"We believe it should end sooner than its scheduled September conclusion," the story continues.
"The Senate should not confirm Gov. Rick Perry's selection of Bradley to lead this important commission that reviews forensic science used in criminal cases.
Bradley's apparent lack of dedication to the state's open meetings law and his use of overheated, pejorative rhetoric relating to the most celebrated case before the commission add up to more than sufficient reason to bust the nomination.
Texas lawmakers created the commission in 2005. Its tasks include investigating complaints concerning science used to help obtain criminal convictions. The commission's marquee case involves Cameron Todd Willingham, who was executed in 2004 for the 1991 Corsicana deaths of his three young children in a house fire.
A well-respected arson expert issued a report in 2009 concluding that scientific evidence at Willingham's trial was flawed. Craig Beyler of Baltimore wrote that investigators in the case "had poor understandings of fire science and failed to acknowledge or apply the contemporaneous understanding of the limitations of fire indicators."
Two days prior to a commission meeting at which Beyler was to testify, Perry replaced three of his four appointees on the nine-member commission and chose Bradley as chairman. The move delayed the Willingham case, which remains pending at the commission.
Perry had the right to make the changes. The terms of the four members he replaced had expired. But the timing was suspect, coming as Perry geared up to seek re-election.
All of this was prologue to Monday's Senate Nominations Committee meeting that featured Bradley and Sen. Rodney Ellis, D-Houston, trading allegations of conflicts of interests. Ellis believes Bradley's prosecutorial background makes him a flawed chairman. We don't share Ellis' view that a prosecutorial background is a bad thing for the chairman of this commission, which also includes a defense lawyer.
We do, however, believe Bradley is the wrong prosecutor to head the panel. His missteps as chairman include allowing commission subcommittees to hold closed-door meetings that should have been held in public. That policy has been changed, and the subcommittees now meet openly.
We also were dismayed by a decision by Bradley — who cited limited space — to bar a camera crew from a commission hearing in Harlingen. Bradley said Monday that decision was changed on advice from the commission's counsel. Heads of state commissions shouldn't need the advice of lawyers to do the right thing. To his credit, Bradley now seems to get the message about open meetings.
We remain chagrined by Bradley's branding of Willingham as a "guilty monster." More than one court has affirmed Willingham's guilt. And if he did what he was convicted of doing, he is a monster.
But the name-calling should be left to folks other than the chairman of a commission reviewing the science used to convict a man. Asked after the Monday meeting whether he regrets the choice of words, Bradley said, "My mom regrets that."
We're with Mom.
And, on one important point, we are with her son. At the Monday hearing, Bradley noted that Ellis is not an impartial bystander in this matter. Ellis is board chairman of the Innocence Project, which is advocating on Willingham's behalf. Ellis offered assurances that he could separate his duties as a senator from his role in the Willingham case.
We hope so. It is vital for Ellis to remember that his allegiance in the confirmation process must be to his constituents — not to the advocacy group involved in this case.
Here's something else Ellis must remember: No matter how heated a hearing gets, witnesses are due respect. Ellis forgot that Monday when he scornfully referred to Bradley as "God's gift to us."
No witness at a legislative hearing — even one as challenging as Bradley — deserves that kind of treatment.
But we are with Ellis on a larger point he made about confirmation of gubernatorial appointees.
"The language in the Constitution is clear. It's advice and consent, not consent and consent," he told Senate colleagues. "And we ought not just kiss these folks as they roll through the door."
Removing Bradley now might not be the best thing in terms of moving the Willingham case to an overdue conclusion. But it is the best thing for the commission. And that makes it the best thing for the state and for justice.
Texans would be hard-pressed to find a more effective prosecutor than Bradley. But we believe Perry can find a more effective chairperson for this important commission."
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The editorial can be found at:
http://www.statesman.com/opinion/bradley-is-the-wrong-man-for-important-job-1293408.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;
