Saturday, May 14, 2011

CAMERON TODD WILLINGHAM; TEXAS SENATE APPROVES BILL THAT REVAMPS BELEAGUERED FORENSIC SCIENCE COMMISSION; THE ASSOCIATED PRESS;


"The bill by Sen. Juan Hinojosa, D-McAllen, sets out specific steps for the Texas Forensic Science Commission when investigating and reporting cases. It also gives the commission the authority to initiate investigations rather than wait for a complaint to be filed.

The commission has been embattled in the disputed case of Cameron Todd Willingham, a man executed for setting the fire to his house that killed his three daughters in 1991. The commission was charged with determining whether Texas sent Willingham to his death based on faulty arson evidence. The case has sparked outcries nationwide from activists hoping the case could be used a call to reform methods of forensic science."

REPORTER SOMMER INGRAM; THE ASSOCIATED PRESS;

---------------------------------------------------------------------------------

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

---------------------------------------------------------------------------------

"AUSTIN, Texas — The duties and mission of a troubled state panel caught up in the review of a contested arson finding in a death penalty case would be cleared up under legislation approved by the Texas Senate on Friday," the Asspciated Press story by reporter Sommer Ingram filed earlier today under the heading, "Bill would refine duties for Texas forensic panel," begins.

"The bill by Sen. Juan Hinojosa, D-McAllen, sets out specific steps for the Texas Forensic Science Commission when investigating and reporting cases. It also gives the commission the authority to initiate investigations rather than wait for a complaint to be filed,"
the story continues.

"The commission has been embattled in the disputed case of Cameron Todd Willingham, a man executed for setting the fire to his house that killed his three daughters in 1991. The commission was charged with determining whether Texas sent Willingham to his death based on faulty arson evidence. The case has sparked outcries nationwide from activists hoping the case could be used a call to reform methods of forensic science.

Republican Gov. Rick Perry, who denied Willingham a stay of execution, appointed John Bradley as chairman of the committee. Bradley delayed consideration of the case for months, sparking accusations of political motivation and a government cover-up. His re-nomination has been blocked in the Senate by angry Democrats.

Hinojosa's bill would eliminate two commissioners, leaving a 7-member panel composed of a prosecutor, defense attorney and five other forensic science experts. He said the panel's new make-up will make the commission geared more toward expert advice and knowledge of forensics while adding expertise of the courtroom.

The legislation affirms that the commission's role is to determine whether any junk science is used in arson cases, but not to rule on guilt or innocence in the case. A report issued by the commission can't be used as evidence in criminal or civil court.

It now goes to the House for consideration."


---------------------------------------------------------------------------------

The post can be found at:

http://www.chron.com/disp/story.mpl/ap/tx/7563769.html

---------------------------------------------------------------------------------

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 accessed at:

http://www.thestar.com/topic/charlessmith

For 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=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com