"The Texas Forensic Science Commission has released its draft report on the Cameron Todd Willingham case without ruling on the central question before it — whether the investigators were negligent or committed professional misconduct when they concluded with certainty that the fire was a deliberate arson. Willingham was convicted of setting the 1991 fire that destroyed his home in Corsicana, killing his three young children. He was executed in 2004. Because the Corsicana Fire Department and the State Fire Marshal's Office have challenged the commission's authority to investigate the matter, the commission has requested a ruling from the state Attorney General, who has until July 30 to decide. The draft report instead focuses on a series of recommendations for fire investigators, lawyers and judges.........
Similarly, the commission report takes a dim view of the language employed by the fire investigators when they testified at Willingham's 1992 trial. One fire investigator testified to the jury that "The fire tells a story. I am just the interpreter." and "The fire does not lie. It tells the truth." The report says, "The commission observes that today's testifying experts must understand when and how to resist counsel's attempts to push testimony beyond measurable facts and scientific principles."
REPORTER MARK MILLER; TEXAS TRIBUNE;
READ THE DRAFT REPORT:
http://www.texastribune.org/library/documents/texas-forensic-science-willingham-report/
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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 Texas Forensic Science Commission has released its draft report on the Cameron Todd Willingham case without ruling on the central question before it — whether the investigators were negligent or committed professional misconduct when they concluded with certainty that the fire was a deliberate arson," the Texas Tribune story by reporter Mark Miller published earlier today begins, under the heading, " Texas Commission Issues Willingham Recommendations."
"Willingham was convicted of setting the 1991 fire that destroyed his home in Corsicana, killing his three young children. He was executed in 2004.," the story continues.
"Because the Corsicana Fire Department and the State Fire Marshal's Office have challenged the commission's authority to investigate the matter, the commission has requested a ruling from the state Attorney General, who has until July 30 to decide.
The draft report instead focuses on a series of recommendations for fire investigators, lawyers and judges. "The Forensic Science Commission realizes there is great public interest [in the Willingham case]...especially to the extent that a resolution will contribute to the ongoing development of fire investigation in Texas," the commission report states. "This report sets forth the FSC's observations regarding the history and progress of fire science, including incendiary indicators and related investigative issues. It takes a forward-looking approach, suggesting concrete training and educational initiatives."
Even without reaching specific conclusions about the actions of the fire investigators in the Willingham case, the commission's report raises troubling questions about how it and other arson investigations have been conducted, given the advancement in scientific procedures and in the general understanding of fires over the past two decades. For example, the draft report discusses how techniques for eliminating accidental causes of a fire have changed significantly since the Willingham investigation (the report notes that the State Fire Marshal's Office no longer employs an electrical engineer — who is important in determining whether an electrical malfunction has caused a fire — "due to budgetary constraints"). "In sum, investigators must be trained to employ methods for eliminating accidental causes that effectively review all facts and circumstances within the framework of the scientific method."
The report also says the commission "recognizes the value of various incendiary indicators and the manner in which they are identified has changed since the early 1990s." For example, in the early 1990s, many fire investigators including those in the Willingham case relied on a so-called "V-pattern" on a wall to indicate the origin of a fire. "Scientists now know that the 'V-pattern' simply points to where something was burning at some stage of the fire, not necessarily the origin," the report states. The report notes that other incendiary indicators once thought to conclusively demonstrate an arson — pour patterns, flashover indications, "low burn" and "deep burn" patterns, "spalling", "crazed glass" and "burn intensity" — "are subject to numerous variables that require study and evaluation."
Similarly, the commission report takes a dim view of the language employed by the fire investigators when they testified at Willingham's 1992 trial. One fire investigator testified to the jury that "The fire tells a story. I am just the interpreter." and "The fire does not lie. It tells the truth." The report says, "The commission observes that today's testifying experts must understand when and how to resist counsel's attempts to push testimony beyond measurable facts and scientific principles." The report also says that investigators must take steps to minimize "any perception of bias for cases in which it is called to the scene by local investigators and subsequently required to testify in court regarding the investigation."
To view the draft report:
http://www.texastribune.org/library/documents/texas-forensic-science-willingham-report/--
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The story can be found at:
http://www.texastribune.org/texas-dept-criminal-justice/cameron-todd-willingham/texas-commission-issues-willingham-recommendations/
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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
