The New Yorker published an article in September (It's quite lengthy!) outlining the case in all its excruciating detail. To summarise it briefly, Todd Willingham was charged with the murder of his three children by deliberating setting fire to the family home on 23 Dec, 1991 . The case against him was a mix of witness testimony, psychological examinations and, of course, arson forensics. The witnesses stated that Willingham appeared calm outside the front of his house as it burned down and didn't seem to make any attempt to rescuse his children from the house. The psychologists stated that he was a man with violent tendencies and a disturbed mind due to his graphic tattoos and interest in explicit and violent music. However, the most damning of all the evidence was that of the forensic arsonist. What he explained is all very techinical, but suffice to say he found evidence that fuel had been poured around the childrens bedroom, essentially turning the room into a death trap, while making it easy for Willingham to escape.
He was found guilty and sentenced to die.
Even before Willingham was executed almost all of the witnesses recanted their testimony. Most of them stating that Willingham was indeed extremely distressed and had to be physically restrained by firemen to stop him from reentering the house. The psychologist was completely discredited and turned out to be a close friend of the prosecutor. But the most important element is the forensic evidence. A prominent fire expert reexamined the evidence brought against Willingham at trial and was shocked at just how archaic the methodology was. Dr. Craig Beyler prepared a report (found here). Dr. Beyler found that the methods were similar to that of a "mystic or psychic" and were completely without merit or understanding of fire analysis.
As if all the dysfunctional elements of the Texas justice system were coaelscing into one tragic event, Sharon "Killer" Keller (see below) was the judge presiding in Willingham's final Habeas appeal to the Texas Court of Appeal. She refused the compelling claims of innocence.
This is the kind of morbid holy grail that anti-death penalty supporters have been waiting for.
At the moment Governor Rick Perry has appointed a panel of experts to examine the fire and the scientific methodology used at trial. However there have been further scandals regarding Rick Perry's attempt to cover up the whole issue. Three members, including the chairman, were removed three days before they were meant to review the expert report that refutes the fire being arson. The officials have stated that they were met with representatives of Rick Perry's and were pressured and influenced. It's all very political and hard to pin down with any certainty, but one thing is for sure, and that's the fact that something is seriously out of whack.
Perhaps the saddest element of this entire case is that the truly callous and cruel amongst those who support the death penalty are coming out of the woodwork. It's as if, once sentenced to death, you must be proved innocent beyond reasonable doubt. This simply isn't the case and it is only necessary to present that there was clearly reasonable doubt and that no charge of arson could possibly be upheld. It seems that death penalty supporters are more frustrated than horrified with this present situation. They would rather innocent people weren't executed so that they didn't have to explain it away.
For me, the execution of an innocent man is an incredible tragedy and one that can never be rectified. However, the potential for innocent victims has never played an important role in my opposition to the death penalty. The issue goes far deeper than the fact that the death penalty could execute an innocent person. The death penalty is far too indiscriminate with the pain and suffering it imposes on those caught in its mechanisms. It's an act of intolerable cruelty to the victim's family, the condemned's family, the jurors and the society that witnesses a state sanctioned execution. For as long as we hold on to nothing else but the fear that innocent people will be executed as our founding principles for opposing this barbaric practice, we are tacitly supporting the death penalty in situations where there is no doubt as to a man's guilt.
What is so crucially important about this case is seeing that the state of Texas is forced to pay the price of confronting the truth. I have no doubt that the very foundations of the death penalty will be uprooted if the innocence of Todd Willingham is found to be finally irrefutable. What is it going to take for this conclusion to be reached? Probably alot of politics, dirty fighting and nitpicking, but I have no doubt that in the long run this institution of death in Texas and the U.S. will suffer a mortal wound from which it won't ever recover.
Quote of the day:
"The only statement I want to make is that I'm an innocent man - convicted of a crime I did not commit."
- Cameron Todd Willingham's last words
Wow John, thank you for posting this up, so well written.
ReplyDeleteI have recently heard about this case. I support the death penalty, and yes, I am guilty in saying that I support it if they have the right man. But this man, this innocent man, will sadly only be remembered for his death and not his life. Governor Perry has slandered his name by calling him a "Monster", when the only monsters here are Perry and the State of Texas. Is he going to be charged with the murder of Todd Willingham? Is the original arson investigator, psychologists, and eyewitnesses that testified inaccurately at his trial? I think its only appropriate that someone be held accountable for this travesty. This family deserves answers, and three little angels deserve justice for their father. Its sad that political endeavors had to play a role in life and death decisions, and I hope Mr. Perry's conscience strangles the hell out of him! I say boot him out of office, and investigate the Governor and the State Parole Board of Texas. This state executes more people than any other state, and I just can't believe that Willingham might be the only victim of this state! There should be a moratorium on the death penalty until this is adequately investigated by an unbiased committee. One innocent man executed is one too many!...
ReplyDeleteThe question of where the review process will go next is a difficult one.
ReplyDeleteFrom my understanding the panel is only being used to examine the scientific and forensic methods and whether or not they were indeed valid. I don't believe it is their mandate to decide whether or not Willingham was guilty or not. What is important, however, are the consequences of their finding. If the panel returns with the finding that Vazquez's techniques failed to properly establish that the fire was arson (as Beyler contends) this creates a massive issue for the State of Texas and America.
There are two options at that point. Perry can choose to continue on his crusade to demonise Willingham, or he will bend to public pressure and issue a posthumous pardon. However, if he refuses to do this, the next process would be relatively unprecedented, and I believe that an exoneration would have to be sought via legal means.
I worry sometimes that people like Perry are so deluded and self righteous that they can justify almost anything to themselves. The jury system is a huge scapegoat for alot of people. They hide behind 12 people who should have never been put in this situation in the first place. Imagine coping with that kind of guilt?
Thanks for your contribution. Would be very interested to know what brought you to the blog!
Johnny,
ReplyDeletethanks for your coverage of this issue. as a Texan, i am encouraged by the fact that other people care about this issue and want things to change. as we've talked about numerous times, thinking certain crimes deserve death is simply a mind-set in Texas (and, ahem, other states too!). and mind-sets do not change quickly or easily...even when wrongful convictions and executions occur. sad but true i know.
i hope that in spite of the politicking going on in Austin, this panel will be taken seriously. while i am far from convinced that Wilimgham's death alone will uproot capital punishment in Texas or the U.S., coverage about his death will certainly put momentum into the crusade for its abolition.
suck my duck
ReplyDeleteThanks for the offer but I suffer from an acute case of Anatidaephobia.
ReplyDeleteIrrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case By Jill Starr
ReplyDeletehttp://picasaweb.google.com/lpcyusa
(The Documentary Secret United Nations ICC Meeting Papers Scanned Images)
https://sites.google.com/site/jillstarrsite/irrefutable-proof-icty-is-corrupt-court-irrefutable-proof-the-hague-court-cannot-legitimately-prosecute-karadzic-case
This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not.
Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states having a substantial conversations, and, openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others.
I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding.
Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.”
((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked! The idea was “let’s discuss it.” "It’s a great topic to discuss."
Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate topic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.))))))))))))))))))))))))))))
In particular., since “Spain” was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, “Spain” must have already known by previous experience the topic of bribery was “socially acceptable” for conversation that day. They must have previously spoke about bribing the ICTY and ICC before in meetings; this is my take an international sociological honor student.
SPAIN’s diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN “INTERNATIONAL CRIMINAL COURT.”
I represented the state interests’ of the Former Yugoslavia, in Diplomat Darko Trifunovic’s absence in those meetings and I am proud to undertake this effort on Serbia’s behalf.
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