Thursday, March 3, 2011

CAMERON TODD WILLINGHAM; EDITORIAL; DALLAS MORNING NEWS; BRADLEY AND THE SENATE: AN APPOINTMENT NOT WORTH FIGHTING FOR;



"Senate leadership is balking as well. Committee members voted, 4-2, along party lines, to confirm Bradley’s appointment. But in an indication that support is thin, Lt. Gov. David Dewhurst said he is holding back Bradley’s name from consideration by the full Senate, at least for now. We hope this wrangle ends with a change at the top. This nomination is not worth fighting for."

EDITORIAL: DALLAS MORNING NEWS;

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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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"State Senate confirmation of John Bradley as chairman of the Texas Forensic Science Commission is not going smoothly, which isn’t surprising, given his prickly, pugnacious, headstrong side that he doesn’t hide very well,"
the Dallas Morning News editorial begins, under the heading, "Bradley’s nomination not worth fighting for in Senate."

"Those traits have crimped his effectiveness as chairman, and senators now have a chance to force a change. We think they should open the door to new leadership that can restore lost confidence in the commission’s evenhandedness," the editorial continues.

"Bradley’s willfulness hasn’t served him well as chair of a commission that’s dealing with the explosive case of the executed Cameron Todd Willingham. And it didn’t serve him well in dealing with tough questions this week on whether he ought to keep his job.

Bradley was testifying before the Senate Nominations Committee, which reviews the governor’s appointments to boards and commissions. He tangled with Sen. Rodney Ellis, D-Houston, at one point lecturing the senator for his involvement in an advocacy group that works to overturn miscarriages of justice.

Ellis questioned the appropriateness of Bradley’s comment last year that Willingham, executed in 2004 on an arson-murder conviction, was a “guilty monster.” Bradley then took one of many shots at Ellis, starting with this: “What I felt was inappropriate was the manner in which advocacy groups were misleading the public about the purpose of the Willingham case and whether or not the commission was looking at guilt or innocence.”

Bradley was right in pointing out that the Willingham inquiry is restricted to forensic work that helped send him to the death chamber. Experts have said the forensics amounted to voodoo quasi-science that didn’t comply with protocols of the time. Some critics have used that to conclude that an innocent man was executed, which may or may not be the case.

Still, Bradley’s “monster” comment was ill-advised at the time, given the need to project objectivity, and his sideways defense of it now is unseemly.

The core issue is whether he has tried to slow down or speed up the Willingham matter to benefit Gov. Rick Perry, who placed him on the panel in a 2009 housecleaning. Last year Bradley argued for a draft report that essentially found that the forensics were flawed but that investigators didn’t know any better. Other commissioners balked at those conclusions, saying due diligence demanded hearing expert testimony.

Senate leadership is balking as well. Committee members voted, 4-2, along party lines, to confirm Bradley’s appointment. But in an indication that support is thin, Lt. Gov. David Dewhurst said he is holding back Bradley’s name from consideration by the full Senate, at least for now. We hope this wrangle ends with a change at the top. This nomination is not worth fighting for."

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A testy exchange

Sen. Rodney Ellis , D-Houston, is national chairman of the Innocence Project of New York. He asked John Bradley in a hearing whether he has “a problem” with such groups becoming involved in justice reforms in Texas:

Bradley’s response:

“I think I have a problem when the advocacy presents a conflict of interest. … You serve as chair of a corporation out of New York which has as its goal to advocate in the Willingham case. That means you have a duty to act on behalf of that company. … I think that is a conflict between the duty you might have as a senator to perhaps look at things in with more neutral light and be open-minded to other parties. You come here as an advocate for Mr. Willingham and a point of view about how you want that case to conclude independent of allowing the commission to reach its own conclusion. I think I have a reasonable concern for the conflict of interest and for the bias that presents to the public, and how it allows you to ask pointed questions and word them any way you want to create a public perception.”

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The post can be found at:

http://www.dallasnews.com/opinion/editorials/20110303-editorial-bradleys-nomination-not-worth-fighting-for-in-senate.ece

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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 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;