""The court filing also claims that Williamson County District Attorney John Bradley suppressed evidence that strengthened Morton's case during the DNA proceedings. That evidence — a transcript of a police interview indicating that Morton's 3-year-old son said the attacker was not his father — was ultimately obtained by the Innocence Project through a request under the Texas Public Information Act.
Bradley, the filing says, should be removed from the case because of his failure to disclose the evidence as well as what the Innocence Project says was his animosity toward the group during his tenure as chairman of the state Forensic Science Commission.
"We are concerned that John Bradley is not the right person to follow up in a fair and impartial manner on this new evidence," Innocence Project co-director Barry Scheck said in an interview Wednesday.........
he Innocence Project, a New York-based organization that specializes in using DNA testing to overturn wrongful convictions, had requested that the Forensic Science Commission investigate the case of Cameron Todd Willingham, who was executed in 2004 for the arson death of his three children. The commission found that the science used to convict Willingham was outdated.
Bradley, appointed the panel's chairman by Gov. Rick Perry in 2009, referred to Willingham as a "a guilty monster" and was cited by critics for slowing the panel's work and pushing members to find no misconduct by investigators. He wasn't reappointed by the Texas Senate when his term expired in May."
REPORTER DANNY ROBBINS: ASSOCIATED PRESS;
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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. Texas Governor Rick Perry allowed him to be executed - even though a report raised serious doubts about the arson "science" used to convict him. In 2009, Perry appointed Prosecutor John Bradley to head the Texas Forensic Science Commission's probe of the Willingham case. Critics charged that Bradley had frustrated the probe and pressured members of the panel panel to clear the fire investigators on the case. 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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"DALLAS — A recent DNA test can exonerate a Texas man who has spent 24 years in prison for killing his wife, a national legal aid organization said in a court filing Wednesday," the Associated Press story by reporter Danny Robbins filed earlier today under the heading, "DNA can clear Texan convicted of murder," begins.
"Court papers filed in Williamson County north of Austin on behalf of Michael Morton by the Innocence Project said a court-ordered test on a blood-stained bandana shows the DNA of another man along with the blood and hair of Morton's wife, Christine," the story continues.
"Morton, 57, was sentenced to life in prison for beating his wife to death in 1986. He contended that the crime was committed by an intruder.
The court filing also claims that Williamson County District Attorney John Bradley suppressed evidence that strengthened Morton's case during the DNA proceedings. That evidence — a transcript of a police interview indicating that Morton's 3-year-old son said the attacker was not his father — was ultimately obtained by the Innocence Project through a request under the Texas Public Information Act.
Bradley, the filing says, should be removed from the case because of his failure to disclose the evidence as well as what the Innocence Project says was his animosity toward the group during his tenure as chairman of the state Forensic Science Commission.
"We are concerned that John Bradley is not the right person to follow up in a fair and impartial manner on this new evidence," Innocence Project co-director Barry Scheck said in an interview Wednesday.
Bradley, who has been the county's DA since 2001, will be required to investigate further to determine whether he can support a finding of actual innocence for Morton.
In an e-mail to the AP, Bradley said his office will "diligently pursue" any new evidence but declined to comment on specific elements of the case. He cited rules of professional conduct that restrict public comment on pending court matters.
"I'm disappointed that the (Innocence Project) does not believe those Texas rules also apply to New York lawyers," he wrote.
The Innocence Project, a New York-based organization that specializes in using DNA testing to overturn wrongful convictions, had requested that the Forensic Science Commission investigate the case of Cameron Todd Willingham, who was executed in 2004 for the arson death of his three children. The commission found that the science used to convict Willingham was outdated.
Bradley, appointed the panel's chairman by Gov. Rick Perry in 2009, referred to Willingham as a "a guilty monster" and was cited by critics for slowing the panel's work and pushing members to find no misconduct by investigators. He wasn't reappointed by the Texas Senate when his term expired in May.
The bandana in the Morton case was tested in June after six years of legal wrangling, including objections from Bradley. The object was found about 100 yards from the crime scene at an abandoned construction site.
Christine Morton's hair and blood were comingled with the DNA profile of a single male, and the profile matches one of a convicted offender collected in California, according to the Innocence Project."
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The story can be found at:
http://www.chron.com/disp/story.mpl/ap/tx/7701708.html
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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;
