"Still, even as Texas juries show increased restraint in utilizing capital punishment, Texas elected officials - including most jurists - seem equally determined not to examine its flaws. When District Judge Kevin Fine attempted to conduct a hearing on the constitutionality of the death penalty as practiced in Texas, Harris County District Attorney Pat Lykos first ordered her prosecutors to stand mute in court and then successfully appealed to the Texas Court of Criminal Appeals to halt the hearing. More than 60 people, including former Texas Gov. Mark White, have filed a brief with the high court in support of allowing the death penalty hearing to go forward.
When the state Forensic Science Commission attempted to investigate whether Willingham was executed for the murder of his three children based on faulty arson evidence, Gov. Rick Perry replaced the commission chairman and several board members. A protracted and inconclusive investigation followed. An attempt by an Austin judge to conduct a hearing on the Willingham case has also been stymied by an appeals judge, who ruled that the jurist should have recused himself.
The accumulating evidence indicates that the current application of the death penalty in Texas involves an unacceptably high risk of killing innocent people. Yet even as the evidence of false convictions and wrongful executions piles up, only the participants at the base of the Texas criminal justice system, jury members, seem to be waking up to the reality of this evil."
EDITORIAL; THE HOUSTON CHRONICLE; JANUARY 1, 2011;
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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---------------------------------------------------------------------------------
"The death penalty in Texas is fraught with demonstrable error, and the people of the state seem more willing to deal with that fact than their leaders," the Houston Chronicle ediitoral published on January 1, 2001 begins, under the heading, "The death penalty: It's time for capital punishment to become Texas history."
"Events of the past year have convinced us that defendants have been executed on the basis of invalid evidence," the editorial continues.
"They may or may not have been guilty, but the fact that we have convicted people based on faulty evidence leads inexorably to a horrible likelihood — that we have executed innocent people. The high number of death row prisoners eventually exonerated makes a strong case that other innocent but less fortunate prisoners have been wrongfully put to death.
We don't lose sleep over the execution of guilty murderers. But the possible or probable execution of the innocent should trouble every Texan.
The freeing of Anthony Graves after 18 years in prison, many on death row, for a false murder conviction is only the most recent example of how badly the system is broken. His ordeal underlines how long the victims of wrongful death sentences must suffer in the cases where the errors are discovered before execution.
Two men, Cameron Todd Willingham, convicted of murder by arson, and Claude Jones, convicted of murder during a robbery, were executed on the basis of evidence later shown to be questionable or false.
We are heartened by figures showing that Texas and Harris County juries are sending fewer defendants to death row. Once known as the death penalty capital of the United States, Harris County has relinquished that grim title in recent years. If Texas were a nation, it would have been among the top state executioners in the world in past decades, in the company of judicial pariahs like China and Iran.
Since executions resumed in 1976, 464 have been carried out in Huntsville. Texas still led the nation in 2010 with 17 executions, more than twice the number of runner-up Ohio. This past year juries in Texas sentenced only eight people to die, while Harris County has had only two capital punishment sentences handed down.
Legal experts attribute the drop in death judgments to the availability of a life-without-parole statute passed by the Texas Legislature in 2005, and to the escalating costs to counties of the appeals process involving capital sentences. The exoneration of 11 Texas death row residents has undoubtedly made the public - and potential jury pools - more aware of the possibility that a death sentence could be an irreversible mistake.
Still, even as Texas juries show increased restraint in utilizing capital punishment, Texas elected officials - including most jurists - seem equally determined not to examine its flaws. When District Judge Kevin Fine attempted to conduct a hearing on the constitutionality of the death penalty as practiced in Texas, Harris County District Attorney Pat Lykos first ordered her prosecutors to stand mute in court and then successfully appealed to the Texas Court of Criminal Appeals to halt the hearing. More than 60 people, including former Texas Gov. Mark White, have filed a brief with the high court in support of allowing the death penalty hearing to go forward.
When the state Forensic Science Commission attempted to investigate whether Willingham was executed for the murder of his three children based on faulty arson evidence, Gov. Rick Perry replaced the commission chairman and several board members. A protracted and inconclusive investigation followed. An attempt by an Austin judge to conduct a hearing on the Willingham case has also been stymied by an appeals judge, who ruled that the jurist should have recused himself.
The accumulating evidence indicates that the current application of the death penalty in Texas involves an unacceptably high risk of killing innocent people. Yet even as the evidence of false convictions and wrongful executions piles up, only the participants at the base of the Texas criminal justice system, jury members, seem to be waking up to the reality of this evil.
Some opponents have called for a moratorium on executions in Texas until new, unspecified safeguards are in place to protect the innocent. Yet it's difficult to imagine a fail-safe route to execution.
Besides, we already have the ultimate safeguard on the books: the sentence of life without parole. Spending the rest of one's days in prison is as terrifying a deterrent to most people as quick execution. By ending state-sanctioned killing, in the future when a jury makes a mistake, resurrection won't be required to remedy it.
The death penalty: It's time for capital punishment to become Texas history
The death penalty in Texas is fraught with demonstrable error, and the people of the state seem more willing to deal with that fact than their leaders."
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The editorial can be found at:
http://www.chron.com/disp/story.mpl/editorial/7362050.htmlPUBLISHER'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 accessed at:
http://www.thestar.com/topic/charlessmithFor a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
