"I know. It seems perverse to argue that this interference is more damning than an innocent man executed. But what has become clear even beyond this case is that capital cases investigated, prosecuted and tried by humans are as subject to error as any other human endeavor. This speaks to why such an absolute sanction as the death penalty should not exist at all. It does, though, and human error is inescapable. Perry is human.
And perhaps Perry belongs to the school that teaches that exculpatory evidence is not in itself constitutional cause to block a court sentence that was legally reached. It's a thin argument — not to mention cruel and unusual — but it's one that others seem to embrace.
So, Perry might claim human error in this matter or belief in this philosophy in refusing to halt the execution.
But blocking testimony that might cast some light on whether the state executed an innocent man? To avoid political embarrassment and damage?
That is what's disqualifying here."
O. RICARDO PIMENTEL; EXPRESS-NEWS;
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PUBLISHER'S NOTE: I could not agree more that Texas Governor Hugh Perry has disqualified himself from the presidency - if indeed he chooses to run - because he allowed Cameron Todd Willingham to be executed in the face of a report showing that no crime might have taken place. However, I can't help but notice that some of Perry's opponents, supported by some media, are using this Perry's misstep to score crass political points. This is cheap and disrespectful. The time to wade into the Willingham case should have been when he was still alive and there was still a possibility to save his life.
HAROLD LEVY. PUBLISHER. THE CHARLES SMITH BLOG.
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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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"Cameron Todd Willingham. Three words that should, in a just world, derail a Rick Perry presidency aborning," O. Ricardo Pimentel's column published in the Express-News on June 9, 2011 under the heading, "Execution's aftermath hurts Perry," begins.
"Willingham was executed in 2004, convicted in the arson deaths in Corsicana of his three children, the oldest 2 years old," the column continues.
"That Willingham was innocent — if not accepted outright — now seems considered a probability of such a high degree that it nags at the conscience. Perry refused a Willingham request for a stay of execution. Hearst Newspapers sued to get the clemency report, so far an unsuccessful effort.
But that Perry allowed this execution really isn't the primary reason he shouldn't be president.
No, the main reason Perry shouldn't be president lies in what occurred five years after Willingham was executed. On the virtual eve of key testimony before the Texas Forensic Science Commission on the soundness of the evidence that convicted Willingham, Perry ousted three members of the commission, immediately replacing two of them. The new head became Williamson County District Attorney John Bradley.
It's hardly novel in Texas for holdover appointees to serve well after expired terms. So why the necessity — in the midst of a crucial inquiry — to replace three members whose terms had just expired?
Here's one clue: Bradley canceled the meeting at which damning testimony pointing to Willingham's innocence was to occur. This happened as Perry was looking at a primary election battle against U.S. Sen. Kay Bailey Hutchison.
This is typically considered sweeping unsavory matters under the rug or, more colloquially, covering posteriors.
In Willingham's case, the Texas Forensic Science Commission had been considering, not his guilt or innocence, but whether investigators followed sound science in arriving at the arson conclusion. It's now abundantly clear from various experts that the “science” convicting Willingham was the opposite of sound. And that has implications for whether the state executed an innocent man no matter how you dissect it.
But instead of allowing the commission to do its job, the governor's actions resulted in convenient delay, therefore obfuscation. And more delay has occurred since. The commission, headed by Perry's appointee, asked the attorney general to rule on whether the commission has jurisdiction to investigate the case.
This reeks of stall, if not complete avoidance.
I know. It seems perverse to argue that this interference is more damning than an innocent man executed. But what has become clear even beyond this case is that capital cases investigated, prosecuted and tried by humans are as subject to error as any other human endeavor. This speaks to why such an absolute sanction as the death penalty should not exist at all. It does, though, and human error is inescapable. Perry is human.
And perhaps Perry belongs to the school that teaches that exculpatory evidence is not in itself constitutional cause to block a court sentence that was legally reached. It's a thin argument — not to mention cruel and unusual — but it's one that others seem to embrace.
So, Perry might claim human error in this matter or belief in this philosophy in refusing to halt the execution.
But blocking testimony that might cast some light on whether the state executed an innocent man? To avoid political embarrassment and damage?
That is what's disqualifying here."
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The column can be found at:
http://www.mysanantonio.com/news/news_columnists/article/What-came-after-the-execution-disqualifies-Perry-1416281.php
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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 found at:
http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
