"The mere fact that arson science has made tremendous strides since Willingham's trial might not be cause to second-guess his conviction. We cannot ask for anything other than that the best available science be used at the time of any trial.
However, we can — we must — ask that updated science be used retroactively when it might raise legitimate questions about a conviction. That cannot be done for the executed in a way that benefits them."
EDITORIAL: THE 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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"In expressly avoiding the question of whether Cameron Todd Willingham should have been executed, the Texas Forensic Science Commission inadvertently offered a powerful argument about why nobody should be executed," the Statesman editorial published on April 15, 2011 begins, under the heading, "The case for finality."
"Science marches on, the commission said in a draft report issued Thursday," the editorial continues.
"That means the science used to help convict somebody today could be obsolete 10 years from now. And updated science could be used to show that the conviction returned with the help of the outdated science was inadequate or faulty.
It is not uncommon today for updated science — most often related to DNA — to be used to free inmates who, it turns out, were improperly convicted.
It's difficult to say whether such cases reflect positively or negatively on our criminal justice system. It is always positive when a wrong — especially such a heinous one — is righted. It is negative that the wrong was committed in the first place.
We then free the inmate, we apologize, and, in some cases, we pay money to try to repay the wrongly convicted. Such payments are proper but never can adequately reimburse for the years in prison.
The remedy is inadequate, but at least it is available. It is a remedy not available to those we execute.
Like the Forensic Science Commission, we are not passing judgment on whether Willingham was guilty and should have been executed. He was convicted in 1992 in the 1991 deaths of his three children, who died in a Corsicana house fire that jurors decided he set. Willingham was executed in 2004.
In 2008, the Innocence Project — which has a solid track record on behalf of the wrongly convicted — filed a complaint with the Forensic Science Commission and alleged professional negligence and/or misconduct by arson investigators in the case.
"No finding contained herein constitutes a comment upon the guilt or innocence of any individual," the commission said in the draft report concerning the Willingham case and another one involving arson deaths. The panel, citing "litigation concerns," opted not to "issue any finding regarding negligence or professional misconduct" until Attorney General Greg Abbott rules on jurisdictional issues and/or lawmakers offer guidance.
Instead, as is its job, the commission offered a detailed look at the history of arson investigation and made recommendations for improvements. It is in the course of doing that that the commission repeatedly noted that science is dynamic.
The report said, "There was no uniform standard of practice for state or local fire investigators in the early 1990s in Texas or elsewhere in the United States." Scientific testing was limited and "fire investigators (including but not limited to those in this case) relied heavily upon the teachings of their mentors regarding the nuances involved in interpreting incendiary indicators."
"Standards in fire investigation are not static and will continue to develop over time," the report noted in a comment that could be expanded to cover all manner of criminal investigations.
The mere fact that arson science has made tremendous strides since Willingham's trial might not be cause to second-guess his conviction. We cannot ask for anything other than that the best available science be used at the time of any trial.
However, we can — we must — ask that updated science be used retroactively when it might raise legitimate questions about a conviction. That cannot be done for the executed in a way that benefits them.
"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 report noted.
Maybe not, but we believe it has made an important statement about the latter."
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http://www.statesman.com/opinion/the-case-against-finality-1404543.html?printArticle=y
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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
