"Now, a new stage of work begins that will require time and cooperation to conduct an exhaustive review of previous arson cases. But Blackburn said with the Fire Marshal's involvement, all the pieces are falling into place.
The commission's recommendations include the creation of a questionnaire for inmates convicted of arson to see if their cases are worth reviewing. The panel also recommended a review of death certificates in cases where the murder charge is listed as arson.
The recommendations also include new certification criteria for expert witnesses, and additional rules and regulations aimed at preventing the use of outdated science and improving the quality of testimony and analysis.........
I think the recommendations are proof that the Forensic Science Commission has worked very hard to do their job," said Jeff Blackburn, founder and chief counsel of the Innocence Project of Texas. "They have been legally confined by the Attorney General opinion, and I think they're doing the very best they can within the confines of that opinion."
REPORTER CLAIRE CARDONA: TEXAS TRIBUNE;
The Science panel's recommendations in full can be found in the "read more" section at:
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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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"The State Fire Marshal's Office and Innocence Project of Texas will review past arson cases to determine whether faulty science could have led to wrongful convictions after the Texas Forensic Science Commission today approved recommendations to create a review program and improve arson investigations in the state," the Texas Tribune story by reporter Claire Cardona published earlier today under the heading, "Forensic science panel recommends arson probe," begins.
"The momentous and long-awaited move was welcomed by the family of Cameron Todd Willingham, who was convicted of killing his three daughters in a 1991 arson fire. He was executed in 2004, and scientists have since discredited the science that was used to cement his arson conviction," the story continues.
"It doesn't bring my son back, but I know they couldn't do that," said Willingham's stepmother, Eugenia Willingham. "Maybe Todd's name will go down in history as being a part all of this."
The New York-based Innocence Project filed a formal complaint with the Texas Forensic Science Commission in 2006 alleging negligence and misconduct in the course of the arson investigations and testimony at the trials of Willingham and Ernest Ray Willis, who was convicted of arson based on the same type of science and was later exonerated. They wanted the commission to find that the State Fire Marshal's Office had erred in its investigation and then require the agency to review its other arson cases where similar practices were used to determine whether mistakes were made that resulted in wrongful convictions.
The matter has been a source of heated controversy at the commission through three different chairman, inlcudingWilliamson County District Attorney John Bradley, who strenuously objected to the commission's involvement in the case. He publicly sparred with the Innocence Project, which contended he was delaying the case for political purposes. Bradley argued that the commission did not have jurisdiction to investigate the Willingham case, and he asked Texas Attorney General Greg Abbott to issue a ruling on the panel's authority.
The new program and recommendations issued today follow Abbott's July ruling that severely restricted the commission's jurisdiction. He determined it could not investigate evidence gathered or tested before the commission's 2005 creation.
"I think the recommendations are proof that the Forensic Science Commission has worked very hard to do their job," said Jeff Blackburn, founder and chief counsel of the Innocence Project of Texas. "They have been legally confined by the Attorney General opinion, and I think they're doing the very best they can within the confines of that opinion."
Prior to today's meeting, State Fire Marshal Paul Maldonado and members of the Innocence Project of Texas and the Texas Forensic Science Commission convened to discuss the recommendations and how to implement them.
In an email, the Innoncence Project congratulated the commission on the program, saying members have "reminded the nation that forensic practices must be based on the most current science and that there is an ethical duty to correct when it is clear that the state and its forensic practitioners have unjustly convicted someone."
Now, a new stage of work begins that will require time and cooperation to conduct an exhaustive review of previous arson cases. But Blackburn said with the Fire Marshal's involvement, all the pieces are falling into place.
The commission's recommendations include the creation of a questionnaire for inmates convicted of arson to see if their cases are worth reviewing. The panel also recommended a review of death certificates in cases where the murder charge is listed as arson.
The recommendations also include new certification criteria for expert witnesses, and additional rules and regulations aimed at preventing the use of outdated science and improving the quality of testimony and analysis.
Since his 2004 execution, Willingham's family has continued a fight to prove his innocence. Willingham's cousin, Patricia Ann Willingham-Cox, thanked the commission for its work.
"Have we gotten justice for Todd in the state of Texas? No, not yet, but we will," Cox said. "Has Todd's death effected needed change? Yes."
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The post can be found at:
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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;
