"Abbott's opinion doesn't prevent the commission from looking into professional negligence or misconduct that occurred before the commission's inception. It just can't review evidence that was tested or introduced into evidence before then. So, assuming — as we do — that forensic science has progressed, Abbott's decision prevents the application of today's knowledge to correct mistakes by investigators who acted competently and in good faith but were limited by the technology of the day.
We'll go out on a limb and suspect that Texas imprisoned people wrongly convicted before 2005, including some on Death Row. Forgoing the potential to correct those mistakes because the commission didn't exist yet isn't justice."
EDITORIAL; CORPUS CHRISTI CALLER TIMES;
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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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"CORPUS CHRISTI — Even the most ardent supporters of the death penalty want to be sure that the condemned deserve their sentence," the Corpus Christi Caller Times editorial published on August 4, 2011 under the heading, "New limit on state forensics panel is a justice setback," begins.
"If a conviction can be proved wrongful, it should be — not just to prevent a pending execution, but to clear the names of the mistakenly executed and to learn how not to repeat such grievous errors," the editorial continues.
"How far such efforts should go is a matter of continuing debate. But they should go farther than the limit placed on them Friday by Texas Attorney General Greg Abbott. The attorney general decided that the Texas Forensic Science Commission can't examine forensic testing that predates the commission's 2005 inception.
That includes two arson investigations that helped send Cameron Todd Willingham to his execution for the 1991 house fire that killed his three children. The Willingham case was first. Three professional reviews of the arson investigations found fault with them — which doesn't prove Willingham innocent as he proclaimed he was, to his death in 2004.
But the reviews discredited the Texas Fire Marshal's investigative procedures and prompted the commission to issue recommendations in April for improved fire investigation training. The state fire marshal persists in standing by the Willingham investigations and its methods.
Abbott's opinion doesn't prevent the commission from looking into professional negligence or misconduct that occurred before the commission's inception. It just can't review evidence that was tested or introduced into evidence before then. So, assuming — as we do — that forensic science has progressed, Abbott's decision prevents the application of today's knowledge to correct mistakes by investigators who acted competently and in good faith but were limited by the technology of the day.
We'll go out on a limb and suspect that Texas imprisoned people wrongly convicted before 2005, including some on Death Row. Forgoing the potential to correct those mistakes because the commission didn't exist yet isn't justice.
The jury is out on whether it's politics, but there's a whiff of that in the Willingham case. Two years ago, then-not-yet-unofficial presidential candidate Gov. Rick Perry removed the commission's first chairman and two other members two days before they were to hear a report about serious problems with the Willingham investigation. Perry chose a prosecutor, Williamson County District Attorney John Bradley, to replace the ousted chairman, Sam Bassett, a defense lawyer.
The commission continued its investigation over Bradley's objections and rejected his attempt to approve a final report that stopped short of finding the arson investigations negligent. He also referred to Willingham as a "guilty monster."
Bassett said it was "interesting" that Abbott's opinion came out as the commission was completing its investigation. His choice of the word "interesting" is interesting in that it's a way of saying "suspicious" without using the word "suspicious."
How the Willingham case might play on a national stage during a Perry presidential campaign has been cause for much interesting speculation. Death penalty advocacy plus cowboy boots plus a potentially wrongful execution could equal trouble for Perry. If an unfavorable finding in the Willingham case would have been damaging, the Abbott ruling has compounded it by adding fuel for speculation.
Bottom line: Looking into the Willingham case and others that predate the commission's existence seems a prudent use of its time. If abuse of the appeals process by defense lawyers was the concern, the commission wasn't part of the problem. It's an instrument of justice, now weakened by Abbott's ruling."
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The editorial can be found at:
http://www.caller.com/news/2011/aug/04/new-limit-on-state-forensics-panel-is-a-justice/
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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;
