"But the commission led by the newer Perry-appointed chairman — Williamson County District Attorney John Bradley — has delayed determining if negligence occurred in this case. It asked Attorney General Greg Abbott for an opinion over jurisdiction, due by July 30.
The argument is that the commission's enabling legislation prevents investigations of evidence offered before the effective date of that act, 2005. Willingham was convicted in 1992 and executed in 2004.
A former commission chairman who initiated the investigation disputes this, but if the plain language of the bill is an obstacle, Texas should simply find another way to determine the truth, in particular settling this matter of negligence.........
Perry refused to grant a stay of execution though he was given ample evidence that the forensic science was flawed. The fuss about Willingham is pure politics from death penalty foes, say some.
But motivation is irrelevant. What's relevant is that the science used to convict him has been discredited enough to cause reasonable doubt and that this finding was made available to Perry and others before the execution.
If there was no arson, there were no homicides in the deaths of Willingham's three daughters in Corsicana in 1991. It's that simple.
At the very least, Willingham should have been given a chance of a new trial, one that would have examined the case for arson in light of the new science and looked at other testimony, including that of a jailhouse informant whose testimony has also been discredited.'
O. RICARDO PIMENTEL; EXPRESS-NEWS;
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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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"Among the most bothersome claims in the sad case of Cameron Todd Willingham — who may have been wrongfully executed in 2004 — is that no negligence occurred because he was convicted based on the science of the time," the Express-News commentary by O. Ricardo Pimentel published earlier today under the heading, "Willingham case could haunt Perry," begins.
"It doesn't wash," the commentary continues.
"This is clear after watching "Incendiary; the Willingham Case," a documentary that examines the controversy over whether Texas authorities wrongly convicted a man who was later executed.
In fact, the science is being lost in this debate. The politics have not.
The Willingham case becomes a genuine albatross should Gov. Rick Perry run for president, as is now appearing likely.
Perry refused to grant a stay of execution though he was given ample evidence that the forensic science was flawed. The fuss about Willingham is pure politics from death penalty foes, say some.
But motivation is irrelevant. What's relevant is that the science used to convict him has been discredited enough to cause reasonable doubt and that this finding was made available to Perry and others before the execution.
If there was no arson, there were no homicides in the deaths of Willingham's three daughters in Corsicana in 1991. It's that simple.
At the very least, Willingham should have been given a chance of a new trial, one that would have examined the case for arson in light of the new science and looked at other testimony, including that of a jailhouse informant whose testimony has also been discredited.
The Texas Forensic Science Commission has used the science made available to it since the execution to make recommendations to improve the science. It did this though the governor sacked its chairman and two other members at a critical moment earlier.
But the commission led by the newer Perry-appointed chairman — Williamson County District Attorney John Bradley — has delayed determining if negligence occurred in this case. It asked Attorney General Greg Abbott for an opinion over jurisdiction, due by July 30.
The argument is that the commission's enabling legislation prevents investigations of evidence offered before the effective date of that act, 2005. Willingham was convicted in 1992 and executed in 2004.
A former commission chairman who initiated the investigation disputes this, but if the plain language of the bill is an obstacle, Texas should simply find another way to determine the truth, in particular settling this matter of negligence.
Bradley failed to win confirmation to his post and has been replaced by Nizam Peerwani, a Fort Worth medical examiner.
Now, about that confession Willingham allegedly made to his ex-wife right before his execution. Former Texas Gov. Mark White, who represented the Willingham family in an attempt to get a court inquiry going on the case, makes this point:
This "confession" to the ex-wife who disliked him and Willingham's virtually last-breath assertion that he didn't kill the girls are "equally biased testimony," he told me.
Neither, White said, has "anything to do with the legal side of the issue. Can the state prove the case? ..... If you can't prove arson, this guy is alive today."
Right. It's about the science.
Willingham is dead but complete pursuit of the truth here — including the matter of negligence — can best serve the cause of justice.
Truth and justice. A presidential candidate — and an attorney general — should be interested in both."
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The commentary can be found at:
http://www.mysanantonio.com/news/news_columnists/o_ricardo_pimentel/article/Willingham-case-could-haunt-Perry-1501669.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;
