"In a just society, even the slightest possibility of innocence should disqualify capital punishment. Prison sentences can be shortened or even rescinded in light of new evidence. Death cannot. But in Texas, due process is much less a right than a politicized game in which human life is tossed as easily as a football, and goalposts move at the state’s discretion."
NICHOLAS BROMLEY; THE CHICAGO TRIBUNE;
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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 2012 Republican candidates are an interesting spectacle, for lack of a better word: Newt Gingrich continues to hemorrhage staffers faster than a quadruple amputee loses blood; Tim “No, seriously, I really was a governor” Pawlenty, or T-Paw as he is affectionally known—a nickname apparently coined by the one black man in Minnesota—is desperately trying to get Americans to remember his name; Commander Mitt is simultaneously condemning and praising the one good thing he did as governor of Massachusetts; Ron Paul is, well, being Ron Paul; then there’s Jon “I’m the sane one” Huntsman; the pizza guy; and, of course, Bachmann/Jesus 2012," the June 25 commentary by Nicholas Bromley published in the Chicago Tribune on June 25, 2011 under the heading, "Rick Perry and the Texas Death Machine," begins.
"Though they range from amusingly uninformed to downright senile, the 2012 candidates aren’t so bad," the commentary continues.
"They’re probably nice guys and gals deep down. And hey, at least they’ve never threatened to secede from the union, lied about their state’s budget deficit, or authorized the execution of an innocent man.
Which brings me to Governor Rick Perry of Texas.
In recent months, the right has fawned over Perry’s take-no-prisoners, tough talkin’ Texan gusto. With help from overwhelming Republican majorities in the state legislature, Texas, under Perry’s guidance, now epitomizes the ethos of modern conservative budgeting: all deficits can be balanced with spending cuts, and taxes can Never Never Never rise under any circumstance from now until infinity.
For months, Perry and his minions gushed over the so-called “Texas miracle.” Thanks to low taxes, a business-friendly climate, and “tough conservative decisions,” Perry said, Texas was in tip-top shape. And his enablers in the media, so-called “political analysts” who woefully lack the expertise and patience to actually look at economic spreadsheets, lauded the Texas model.
The truth is that the alleged Perry’s “surplus” was ripe with smoke-and-mirror gimmicks that concealed crippling structural failures. In Texas, budgets are written every two years, meaning the so-called “miracle” budget was in fact enacted prior to the financial crisis and thus conveniently devoid of the red ink that plagued every other state. It’s kind of like a man with a 3-day eviction notice pasted to his door claiming he’s technically still a homeowner.
While Perry officially did enjoy a surplus until last year, overnight, however, the “billions” in surplus turned into a massive $25 billion chasm, a deficit far worse than Bolshevik New York, and about on par with the People’s Republic of California. Meanwhile, Texas ranks nearly dead last in education spending per pupil, all while leading the nation in percentage of residents without health insurance. Praise Jesus, Hallelujah, we have a miracle!
Yet despite Governor Perry’s less than spectacular economic record, his state does lead the nation in one category: since Perry assumed office in 2000, Texas has executed over 200 inmates, a shameful figure that reflects the horrifying systemization with which Texas commodifies human life, and underscores a deplorable—if not unconstitutional—justice system wholly obedient to a perverted cowboy ethos of frontier justice. Kill, baby, kill; if you can’t stomach it, then get out.
Perhaps nothing better typifies Rick Perry’s bondage to this despicable notion of shoot-now justice than the case of Cameron Todd Willingham.
In 1991, Willingham was sentenced to death for intentionally setting fire to his home, killing his three small daughters. From trial until his final breath, Willingham steadfastly maintained his innocence. As the date of his execution grew nearer, a slew of fire experts publicly questioned the validity of Willingham’s conviction, noting that a thorough reexamination of the evidence uncovered absolutely no indication of arson.
In 2004, in the weeks before the execution, Willingham’s lawyers sent these expert reports to Governor Perry’s office and requested a stay of execution to further review the conviction of a potentially innocent man. Perry ignored the request, and Willingham was executed on the 17th of February.
Was Willingham innocent? Obviously no one will ever know for certain, but the evidence seems to suggest that yes, he was. Even Perry must have been worried; in 2008 the governor flagrantly disbanded a state justice panel just two days before it was scheduled to hear testimony from fire experts attesting to Willingham’s innocence.
In a just society, even the slightest possibility of innocence should disqualify capital punishment. Prison sentences can be shortened or even rescinded in light of new evidence. Death cannot. But in Texas, due process is much less a right than a politicized game in which human life is tossed as easily as a football, and goalposts move at the state’s discretion.
Capital punishment is perhaps the greatest power afforded to our government. And with that power comes extraordinary responsibility, and a weary trust on behalf of we the people that those who command the machinery of death do not drunkenly fumble at the controls.
I could vote for a politician who has cheated on their spouse, or even several spouses; I could vote for a Mormon, Muslim, or non-believer; I could vote gay, straight, or anywhere in between; and, yes, I could even vote for a man who twittered naked photos of himself.
But I will never vote for a thuggish boy-king like Rick Perry, or any elected official for whom the intoxication of taking life surpasses their solemn duty to preserve it."
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The commentary can be found at:
http://www.deathandtaxesmag.com/109623/rick-perry-headsman-in-chief/
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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;
