"The confirmation of Williamson County District Attorney John Bradley as chairman of the state Forensic Science Commission appears to be in deep trouble, as two Senate Republicans confirmed today that they will vote no.
That would leave Bradley four votes short of the required 21 needed to bring his name up for a Senate vote.
It also means that Bradley will almost certainly remain as chairman of the nine-member commission for a scheduled April 15 meeting, where it could possibly take action on the controversial Cameron Todd Willingham arson case."
REPORTER MIKE WARD: 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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"The confirmation of Williamson County District Attorney John Bradley as chairman of the state Forensic Science Commission appears to be in deep trouble, as two Senate Republicans confirmed today that they will vote no," the Austin Statesman story by reporter Mike Ward published earlier today under the heading, "Bradley nomination in trouble: Senators don't have votes to bring up Williamson D.A.'s nomination to forensic panel," begins.
"That would leave Bradley four votes short of the required 21 needed to bring his name up for a Senate vote," the story continues.
"It also means that Bradley will almost certainly remain as chairman of the nine-member commission for a scheduled April 15 meeting, where it could possibly take action on the controversial Cameron Todd Willingham arson case.
Willingham was executed in February 2004 on charges that he murdered his three children by torching their Corsicana home in 1991. He denied killing his children, and an expert hired by the commission said in an August 2009 report that the original arson finding was not sustainable.
Gov. Rick Perry, during a re-election campaign, abruptly replaced three members of the commission and named Bradley, known for his adamant style, as the new chairman. That nomination is now subject to Senate confirmation.
"At this point, his nomination not going anywhere," said Nominations Committee Chairman Bob Deuell, R-Greenville. "Unless something changes, it's over."
But unlike the 2009 nominations of Burleson County businesswoman Shanda Perkins for the state Board of Pardons and Paroles, and Don McLeroy as chairman of the State Board of Education, Deuell said there is no plan to call Bradley's nomination to a vote so he can be officially voted down.
"No one's pushing me to bust him that way," Deuell said. "(Bradley) has asked for some time to talk to senators, and we're going to give it to him . . . But right now, I don't see anything changing."
Bradley said there is no deadline for a vote and that he is continuing to talk to senators to line up support.
"The senators have a right to express their opinions," he said, declining to detail the ongoing talks.
Should the Senate not vote further on Bradley's nomination, his term would end at the end of the legislative session in early June. Should the logjam break and his appointment be confirmed, Bradley's term would end in September.
"I'm getting quite the education in criminal justice, politics and forensic science," he said.
Last week, Bradley and Sen. Rodney Ellis, D-Houston, tangled during a testy verbal exchange during the Nominations Committee hearing. Bradley accused Ellis of having a conflict of interest by serving as chair of the New York-based Innocence Project, which is pushing to overturn the arson finding in the Willingham case.
At one point, Deuell interceded to demand more civility between the two. Bradley was unapologetic for the exchange, and Ellis within hours had lined up the support of the Senate's 12 Democrats to block the nomination.
Two Republicans soon joined then.
Sen. Kevin Eltife, R-Tyler, said he is against Bradley's nomination because of his controversial tenure as chairman of the commission. The exchange with Ellis is "only the latest example," he said.
"This is no longer about him, it's about the need for a change," Eltife said. "Once a situation becomes this volatile, sometimes you need to make a change. That's what I think the commission needs."
Sen. John Carona, R-Dallas, said he also opposes Bradley's nomination, and has no intention of changing his mind.
"I watched his disrespect for members of the Legislature on this and many other occasions, and based on that issue alone I will vote no," he said. "His sheer dismissive attitude toward questions, toward the Legislature, that he has demonstrated time and time again, cannot be overlooked."
Bradley's Republican supporters said they hoped to persuade Sen. Eddie Lucio, D-Brownsville, to vote for the nomination. But Lucio said he is not switching.
"I don't like the way he treated me on my life-without-parole bill last session, the way he talked down to me and treated me during that discussion," Lucio said. He was the biggest opponent of that bill . . . There was no common courtesy.'"
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The post can be found at:
https://mail.google.com/mail/?ui=2&view=bsp&ver=ohhl4rw8mbn4
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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
