Sunday, January 3, 2010

CAMERON TODD CAMERON CASE; DAVID GRANN'S "TRIAL BY FIRE": A WORTHY RECIPIENT OF THIS YEAR'S "SIDNEY AWARDS". INVESTIGATION OF A WRONGFUL EXECUTION;


"GRANN PAINSTAKINGLY DESCRIBES HOW BOGUS SCIENCE MAY HAVE SWAYED THE SYSTEM TO KILL AN INNOCENT MAN, BUT AT THE CORE OF THE PIECE THERE ARE THE COMPLEX RELATIONSHIPS THAT GREW UP AROUND A MAN CONVICTED OF BURNING HIS CHILDREN. IF YOU CAN STILL SUPPORT THE DEATH PENALTY AFTER READING THIS PIECE, YOU HAVE STRONGER CONVICTIONS..."

OP-ED COLUMNIST DAVID BROOKS; 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 found him 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." Two days before the Forensic Science Commission was to question Beyler in a public forum, the governor replaced its chairman and two other members whose terms were up. That forced the commission to delay the hearing so new members could read up on the case, and no new date has been set. Perry has since replaced a third member of the commission.

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PUBLISHER'S NOTE: Every year, New York Times Op=Ed columnist David Brooksgives out "Sidney Awards" to the best magazine essays of the year. He explains that "In an age of zipless, electronic media, the idea is to celebrate (and provide online links to) long-form articles that have narrative drive and social impact." I salute Mr. Brooks for including David Grann's celebrated New Yorker piece"Trial by Fire" - a enormously influential analysis of the Cameron Todd Willingham case - which he has included in this years list. Grann's article is an example of the important role a magazine can play in investigating miscarriages of justice.

"Every year, I give out Sidney Awards to the best magazine essays of the year. In an age of zipless, electronic media, the idea is to celebrate (and provide online links to) long-form articles that have narrative drive and social impact" David Brooks December 24, 2009, New York Times Op-Ed column begins.

"The first rule of the Sidneys is that they cannot go to any article that appeared in The Times,"
the column continues.

"So David Rohde does not get a Sidney for his unforgettable series on being held captive by the Taliban. But those pieces possess exactly the virtues that the Sidneys are meant to honor, and they make one proud to be a journalist.

This year, magazines had a powerful effect on the health care debate. Atul Gawande’s piece, “The Cost Conundrum,” in The New Yorker, was the most influential essay of 2009, and David Goldhill’s “How American Health Care Killed My Father,” in The Atlantic, explained why the U.S. needs fundamental health reform. But special recognition should also go to Jonathan Rauch’s delightful essay, “Fasten Your Seat Belts — It’s Going to Be a Bumpy Flight,” in The National Journal.

Rauch described what the airline industry would look like if it worked the way the health care industry works. The piece takes the form of a customer trying to book a flight with a customer service representative. The customer wants to fly from Washington, D.C., to Oregon on Oct. 3, but the airline lady can squeeze him in only in January or February. He can call each of two dozen other airlines if he wants to check other availability.

When he finally gets on a flight, he finds that his airline will only take him to Chicago, since it’s an eastern-region specialist. He’ll have to find a western-region specialist to get to Eugene. In addition, he’ll have to fax in a 30-page travel history questionnaire, make arrangements with a separate luggage transport provider and see if he can find a fuelist who might be free to make fuel arrangements on that date. That is, if the airline is in his insurance company’s provider network, which it isn’t.

The most powerful essay I read this year was David Grann’s “Trial by Fire” in The New Yorker. Grann investigated the case of Cameron Todd Willingham, who was executed in 2004 for murdering his three children by setting their house on fire.

In the first part of the essay, Grann lays out the evidence that led to Willingham’s conviction: the marks on the floor and walls that suggested that a fire accelerant had been splashed around; the distinct smoke patterns suggesting arson; the fact that Willingham was able to flee the house barefoot without burning his feet.

Then, in the rest of the essay, Grann raises grave doubts about that evidence. He tells the story of a few people who looked into the matter, found a miscarriage of justice and then had their arguments ignored as Willingham was put to death. Grann painstakingly describes how bogus science may have swayed the system to kill an innocent man, but at the core of the piece there are the complex relationships that grew up around a man convicted of burning his children. If you can still support the death penalty after reading this piece, you have stronger convictions than I do.

I try not to give Sidneys to the same people year after year, but the fact is, talent is not randomly distributed. Some people, like Matt Labash of The Weekly Standard, just know how to write. His piece, “A Rake’s Progress” was a sympathetic and gripping profile of Marion Barry, the former Washington, D.C., mayor, crack-smoker and recent girlfriend-stalker.

At the start of his first interview, Labash, making small talk, asked Barry if he still has a scar from an old bullet wound: “ ‘Let’s see,’ he says, lifting his shirt, so that within ten minutes of arriving, I’m eyeball to areola with Barry’s left nipple. It’s a move that’s very Barry. Most times, he reveals nothing at all. Then he reveals too much.”

Labash delights in Barry’s rascally nature, but also captures why the voters of Barry’s ward don’t merely vote for him, they possess him and cherish him.

The region around Afghanistan is now regarded as a global backwater, but S. Frederick Starr’s “Rediscovering Central Asia,” in The Wilson Quarterly, is an eye-opening look at what once was. A thousand years ago, those mountains were the intellectual center of the world. Central Asians invented trigonometry, used crystallization as a means of purification, estimated the Earth’s diameter with astonishing precision and anticipated Darwin’s theory of evolution. Starr describes glittering cities and a flowering of genius. He also describes the long decline — the Sunni-Shia split played a role — and modern glimmers of revival.

On Tuesday, we will publish another batch of Sidney winners, so turn off “It’s a Wonderful Life.” Read these today."


The column can be found at:

http://www.nytimes.com/2009/12/25/opinion/25brooks.html?_r=1

Harold Levy...hlevy15@gmail.com;