"The commission has already reviewed the Willingham case — pre-AG opinion — and made recommendations for improving arson forensic science in Texas. And the evidence they looked at suggests that the fire that killed Willingham’s girls in 1991 was not arson at all.
What was left for the commission to consider was the matter of negligence. State fire marshal investigators provided much of the testimony to convict Willingham.
That’s where 708 comes in — the number of people serving sentences in state prison on arson as the charge of record in fiscal 2010, according to the Texas Department of Criminal Justice. How many of these 708 — and others for whom arson was not the primary charge — were convicted based on the same discredited methods that convicted Willingham?"
O. RICARDO PIMENTEL: SAN ANTONIO;
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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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"Seven hundred and eight," the My San Antonio column by O. Ricardo Pimentel published in My San Antonio on August 11, 2011 under the heading, "How many arsonists are innocent?," begins.
"The Texas Forensic Science Commission should mull that number when it meets in September to consider the meaning of a recent attorney general opinion in the case of Cameron Todd Willingham, who was executed in 2004 despite evidence presented beforehand to Gov. Rick Perry that exposed the forensic methods used to convict Willingham as flimsy to bogus," the column continues.
"In his July 29 opinion, Attorney General Greg Abbott concluded that the commission had no jurisdiction to review evidence tested or introduced before Sept. 1, 2005, when the agency was created.
This opinion is generally believed — actually fervently hoped for in a certain camp in Texas that is preparing for a presidential campaign — to prevent the commission from continuing to raise awareness on Willingham.
But that makes no sense, either as a matter of procedure or justice.
The commission has already reviewed the Willingham case — pre-AG opinion — and made recommendations for improving arson forensic science in Texas. And the evidence they looked at suggests that the fire that killed Willingham’s girls in 1991 was not arson at all.
What was left for the commission to consider was the matter of negligence. State fire marshal investigators provided much of the testimony to convict Willingham.
That’s where 708 comes in — the number of people serving sentences in state prison on arson as the charge of record in fiscal 2010, according to the Texas Department of Criminal Justice. How many of these 708 — and others for whom arson was not the primary charge — were convicted based on the same discredited methods that convicted Willingham?
The complaint filed by the Innocence Project asked the commission to “redirect a re-examination of other forensic analyses conducted by the Texas State Fire Marshal or its contractors that may involve the same kind of erroneous arson analysis, and recommend corrective action.”
But in a written statement, state Fire Marshal Paul Maldonado noted that the commission’s report focused only on Willingham. He said there is “no plan to reopen closed arson cases.”
“The State Fire Marshal’s Office (SFMO) is reviewing the FSC recommendations and is seeking all opportunity to improve fire investigations so that the best policies, practices and science are used in fire investigations.” He acknowledged advances in science and encouraged the “appropriate parties” to contact his office with concerns.
That’s unsatisfactory, says the Innocence Project. Policy Director Stephen Saloom said the fire marshal is obligated by statute to more proactively inform the criminal justice system that “old” methods of arson investigation “had been scientifically proven invalid and unreliable.”
The state Fire Marshal’s Office does a lot of investigations. According to annual reports, it completed 3,212 between 2005 and 2010, resulting in 737 people referred for prosecution. The conviction rates for those indicted ranged from 59 percent to 104 percent, these figures reflecting overlap between previous year indictments and current year convictions.
It’s compellingly simple: The state likely executed an innocent man. Arson investigator testimony helped accomplish that. But maybe the commission can’t go there because of the AG opinion. I’m not buying that. But, given the discredited forensics, how could it not further examine whether the fire marshal’s failures to inform and reopen other arson cases aren’t negligence of another sort?
Seven hundred and eight."
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The column can be found at:
http://www.mysanantonio.com/news/news_columnists/o_ricardo_pimentel/article/How-many-arsonists-are-innocent-1851478.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;
