Sunday, July 10, 2011

CAMERON TODD WILLINGHAM; NIZAN PEERWANI TO TAKE OVER BELEAGUERED TEXAS FORENSIC SCIENCE COMMISSION; JURISDICTIONAL ISSUES STILL TO BE RESOLVED;


"The Senate will have to confirm Dr. Peerwani's appointment at its next session.

Despite recommending improvements in arson standards in Texas, the commission did not make any findings of negligence or professional misconduct.

The Texas Attorney General's office, headed by Wichita Falls native Greg Abbott, will have to decide certain jurisdictional questions before the Commission can even consider the possibility of negligence."

REPORTER EDWARD LANE; THE EXAMINER;

---------------------------------------------------------------------------------

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

---------------------------------------------------------------------------------

"Medical examiner Nizam Peerwani, who has testified in some of Wichita Falls most high profile murder cases, was named Friday as the new head of the Texas Forensic Science Commission," the Examiner story by reporter Edward Lane published earlier today under the heading, "Nizam Peerwani, who has testified in Wichita Falls, named to head panel by Perry," begins.

"Wichita Falls native Greg Abbott, the Texas Attorney General, will have to decide how much further this panel may proceed in its investigation of the high profile Cameron Todd Willingham,"
the story continues.

"The commission soared into national prominence when it commenced its investigation into the conviction and execution of Cameron Todd Willingham for the arson murder of his three daughters. He was executed in 2004 after being convicted of setting a house fire which resulted in the death of his daughters in 1991 in Corsicana, Texas.

Peerwani, 64, was named by Texas Governor and possible Presidential candidate Rick Perry, to replace former chairman John Bradley.

The panel has heard testimony from nine fire experts that the fire investigation was based on outdated arson standards.

Three months ago the commission released its findings. These included conclusions that noted there were possible flaws in the Willingham investigation.

The commission also made 16 recommendations for changing arson investigation standards in Texas.

Peerwani, who as Tarrant County Medical Examiner, has performed autopsies on many Wichita Falls, Texas murder cases.

Peerwani, who has worked closely with the District Attorney's Office in Wichita Falls, said that he served at the pleasure of the governor as head of the commission.

The Senate will have to confirm Dr. Peerwani's appointment at its next session.

Despite recommending improvements in arson standards in Texas, the commission did not make any findings of negligence or professional misconduct.

The Texas Attorney General's office, headed by Wichita Falls native Greg Abbott, will have to decide certain jurisdictional questions before the Commission can even consider the possibility of negligence.

The commission has requested that the Texas Attorney General determine whether it has the authority to investigate cases which occurred before 2005, when the Panel was created by the Texas Legislature.

Peerwani said there were issues which still needed to be decided by the Commission."

---------------------------------------------------------------------------------

The post can be found at:

http://www.examiner.com/law-enforcement-in-wichita-falls/nizam-peerwani-who-has-testified-wichita-falls-named-to-head-panel-by-perry

---------------------------------------------------------------------------------

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;