"It may not trouble Mr. Perry, but any clear-eyed observer would be shocked at the grim momentum of his state’s death machine, which stops for no suggestion of error. The clearest and best-known illustration of that was the 2004 execution of Cameron Todd Willingham for the home fire that killed his three children, despite egregious flaws in the forensic science that helped convict him. In the face of serious questions, Mr. Perry refused to grant a reprieve for Mr. Willingham, and years later replaced the members of a state forensic commission that was about to hold hearings on the execution. That is hardly the only questionable case during his tenure, as shown by a database developed by The Texas Tribune, a partner of The New York Times."
EDITORIAL: THE NEW YORK 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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"Even supporters of the death penalty used to consider execution a solemn state responsibility, not an occasion for celebration," the New York Times editorial published on September 11, 2011 under the heading, "Cheering on the death machine," begins.
"But the crowd of Republicans who gathered at the Reagan Library last week to watch their presidential candidates debate actually applauded and cheered when a moderator noted that Texas had executed 234 inmates under Gov. Rick Perry, by far the most under any governor in modern times," the story continues.
"Then came Mr. Perry’s blithe denial that he had ever struggled with a single one of those state killings. Texas has a “thoughtful, a very clear process,” he said, which ensures everyone a fair hearing, so there is no need to lose sleep over the possibility of executing an innocent person.
It may not trouble Mr. Perry, but any clear-eyed observer would be shocked at the grim momentum of his state’s death machine, which stops for no suggestion of error. The clearest and best-known illustration of that was the 2004 execution of Cameron Todd Willingham for the home fire that killed his three children, despite egregious flaws in the forensic science that helped convict him. In the face of serious questions, Mr. Perry refused to grant a reprieve for Mr. Willingham, and years later replaced the members of a state forensic commission that was about to hold hearings on the execution.
That is hardly the only questionable case during his tenure, as shown by a database developed by The Texas Tribune, a partner of The New York Times. In a recent report, The Tribune described the case of Kelsey Patterson, who was executed for two 1992 shootings despite a recommendation to Mr. Perry for clemency by the Texas Board of Pardons and Paroles on the grounds of clear mental incapacity. He has also approved the execution of a man whose lawyer suffered from mental illness and was repeatedly disciplined; a man involved in a fatal robbery who did not kill the victim; and a man who was 17 at the time of a murder and received clemency recommendations from the trial judge and several legislators.
Mr. Perry is well known for being extremely parsimonious with his clemency authority. His attitude about death may make sense in the hard-edged Republican primaries, but other voters should have serious doubts about a man who seems to have none".
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The editorial can be found at:
http://www.nytimes.com/2011/09/12/opinion/cheering-on-the-death-machine.html?_r=1
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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;
