"Balko argues that mistakes like Texas’ could be avoided by a two-phase, or bifurcated, trial process: One phase would determine whether a crime actually took place; if it was decided that there was a crime, a second trial could be convened to assess the guilt of the accused.
Separating these phases would eliminate a jury’s prejudice in favor of conviction. Willingham’s case hinged on the testimony of a jailhouse informant, as well as assertions from courtroom psychiatrists that the defendant’s Led Zeppelin and Iron Maiden posters indicated “a death-obsessed psychopath who was likely to kill again,” writes Balko."
UTNE READER; WIKIPEDIA informs us that, "tne Reader (aka Utne) is an American bimonthly magazine. The magazine collects and reprints articles on politics, culture, and the environment from generally alternative media sources, including journals, newsletters, weeklies, zines, music and DVDs. In addition, the magazine's writers and editors contribute books, film, and music reviews and original articles which tend to focus on emerging cultural trends. The magazine's website produces seven blogs covering politics, environment, media, spirituality, science and technology, great writing, and the arts."
---------------------------------------------------------------------------------
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
---------------------------------------------------------------------------------
"In recent years, DNA profiling has saved the lives of a number death row inmates. When it comes to arson, however, DNA typing is often useless, as any such evidence is usually incinerated," the Utne Reader article published on April 15, 2001 under the heading, "Trial by fire": The life-saving case for bifurcated legal proceedings," begins.
"As a result, writes Radley Balko in Reason (Dec. 2010), prosecutors rely on the testimony of fire investigators and psychologists to support their claims of criminal intent," the article continues.
"Take the case of Cameron Todd Willingham. In 2004 the state of Texas executed Willingham after he was convicted of starting the house fire that killed his three daughters. An investigative piece in the New Yorker cast doubt on the conviction, and the Texas Forensic Science Commission took a deeper look and found that the claims of arson were unsubstantiated.
Balko argues that mistakes like Texas’ could be avoided by a two-phase, or bifurcated, trial process: One phase would determine whether a crime actually took place; if it was decided that there was a crime, a second trial could be convened to assess the guilt of the accused.
Separating these phases would eliminate a jury’s prejudice in favor of conviction. Willingham’s case hinged on the testimony of a jailhouse informant, as well as assertions from courtroom psychiatrists that the defendant’s Led Zeppelin and Iron Maiden posters indicated “a death-obsessed psychopath who was likely to kill again,” writes Balko.
There’s precedent for bifurcation in criminal and civil proceedings to avoid just such jury prejudice—for example, separating the death penalty sentencing phase from the trial process, and the convening of grand juries to determine whether enough evidence exists for charges to be brought in federal cases.
Prosecuting arson cases with bifurcated trials would “help juries deliberate verdicts as objectively as possible.” It might also have saved Cameron Todd Willingham’s life.
---------------------------------------------------------------------------------
The article can be found at:
http://www.utne.com/Politics/Bifurcated-Trials-Legal-Proceedings-Save-Innocent-Lives.aspx
---------------------------------------------------------------------------------
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;
