"Patricia Cox, Willingham's cousin, sharply criticized commissioners for "needless delays" and said it would be a mistake if the panel failed to address the issue of negligence and professional misconduct. "You can understand why we would be frustrated," Cox said, declaring that the family would continue its efforts "to clear Todd's name.""
REPORTER DAVE MONTGOMERY: STAR-TELEGRAM;
---------------------------------------------------------------------------------
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
---------------------------------------------------------------------------------
"AUSTIN -- The Texas Forensic Science Commission on Thursday opened deliberations on a draft report that calls for the nine-member panel to withhold any finding of "negligence or professional misconduct" in the Cameron Todd Willingham case until the Texas attorney general resolves jurisdictional questions in the panel's investigation," the Star-Telegram story by reporter Dave Montgomery published on April 14,2011 under the heading, "Texas forensic panel's draft report doesn't address Willingham's guilt," begins.
"Willingham, an unemployed Corsicana mechanic, was executed by lethal injection in 2004 after he was convicted of capital murder for setting a house fire that killed his three daughters in 1991. He repeatedly maintained his innocence, although state and federal appeals courts upheld the conviction," the story continues.
"The nine-member commission launched its inquiry in December 2008 to determine whether the arson investigation was based on outmoded science, as alleged by at least nine fire experts. One of those, Craig Beyler of Baltimore, was commissioned by the forensic science agency at the outset of its inquiry.
A 47-page draft that serves as the starting point for a final report by the commission makes several recommendations to improve and modernize arson investigations but does not resolve the question of whether a flawed arson investigation led to Willingham's execution.
The state fire marshal and the city of Corsicana have said that the commission does not have jurisdiction in the case because the fire occurred long before the panel was created in 2005. Commission members have asked Attorney General Greg Abbott to weigh in. Abbott has a July 30 deadline to make a ruling.
"The Commission understands the importance of issuing a report that provides substantive recommendations designed to improve arson investigation in Texas," the report said. "In light of the jurisdictional issues ... the Commission declines to issue any finding regarding negligence or professional misconduct pending the issuance of an Attorney General opinion and/or legislative action during the 82nd Session."
Commission member Lance Evans, a Fort Worth defense attorney, said the panel would likely review the issue of negligence if the attorney general supports the panel's jurisdiction in the case.
The commission began a section-by-section discussion of report Thursday in Austin and is expected to continue deliberations through today.
Patricia Cox, Willingham's cousin, sharply criticized commissioners for "needless delays" and said it would be a mistake if the panel failed to address the issue of negligence and professional misconduct. "You can understand why we would be frustrated," Cox said, declaring that the family would continue its efforts "to clear Todd's name."
The report discusses forensic science issues raised by the commission's inquiry in the Willingham case and that of Ernest Ray Willis, who spent 17 years on Death Row after being convicted for setting a 1986 house fire that killed two sleeping women. Prosecutors dropped the case after an inquiry suggested that the fire was accidental.
"Observations regarding the state of fire science and suggestions for continued advancement are not limited to the Willingham and Willis cases, but rather apply generally to arson investigations in Texas," the draft said.
The report also addresses the scope of the commission as an agency charged with ensuring the integrity of forensic science in criminal investigations. "Some Commissioners have also noted that the Willingham case has posed a particular challenge due to the controversy surrounding the death penalty," the draft said. "The FSC was not established as a commission for establishing innocence or guilt, nor was it established as a forum for debating the merits of capital punishment."
The commission includes three members from Fort Worth -- Evans, Tarrant County Medical Examiner Nizam Peerwani and Dr. Arthur Jay Eisenberg of the University of North Texas Health Science Center at Fort Worth.
The Willingham case has propelled the once-obscure commission into the national media spotlight with assertions that Texas may have executed an innocent man. Willingham's supporters, including members of his family and attorneys with the New York-based Innocence Project, contend that the fire experts' conclusions overwhelmingly point to the likelihood that the fire was accidental.
But Gov. Rick Perry and commission Chairman John Bradley, whom Perry appointed in a membership shakeup in September 2009, maintain that the evidence justified the conviction, pointing out that appeals courts have repeatedly upheld Willingham's conviction."
---------------------------------------------------------------------------------
The story can be found at:
http://www.star-telegram.com/2011/04/14/3002214/texas-forensic-panels-draft-report.html
---------------------------------------------------------------------------------
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;
