Texas governor derails important review of forensics in Willingham murder case


Posted Thursday, Oct. 01, 2009
The integrity of the prosecution in a criminal case, and thus the 
public’s faith in the justice system, can be severely eroded by news 
of mistakes, misconduct or sloppy investigations by those entrusted 
to ensure equal justice under the law.

The Texas Legislature created the Texas Forensic Science Commission 
in 2005 after a series of revelations about improper procedures in 
forensics labs used to test criminal evidence. The nine-member body 
is charged with reviewing forensic analysis problems in criminal cases.

The group’s mission statement ( www.fsc.state.tx.us) says its role 
includes investigating "in a timely manner" allegations of 
"professional negligence or misconduct that would substantially 
affect the integrity of the results of a forensic analysis conducted 
by an accredited laboratory, facility or entity."

The commission was scheduled to meet today to hear from specialists 
and review a report by an expert it hired to examine evidence in an 
arson case that resulted in the 2004 execution of Cameron Todd 
Willingham. He had been convicted of murdering his children by 
setting a fire in 1991. The expert, Dr. Craig Beyler of Baltimore, 
concluded that investigators in the case had "poor understandings of 
fire science" and that the Corsicana blaze that killed Willingham’s 
children was not arson.

If that’s an accurate assessment, Texas executed an innocent man, 
other experts and death penalty opponents say. Gov. Rick Perry 
interrupted the fact-finding process by abruptly dismissing three of 
his four commission appointees, including Tarrant County prosecutor 
Alan Levy and Aliece Watts, a forensic scientist in Euless. Perry 
also removed commission Chairman Samuel Bassett, an Austin attorney.

Three other commission members were selected by the lieutenant 
governor, and two were named by the state attorney general.

Perry explained his actions as "pretty standard business" because the 
commissioners’ terms had expired. But the dismissals, two days before 
the commission’s scheduled meeting, forced the Willingham review to 
be canceled.

Earlier, the governor rejected the findings of what he called "latter-
day supposed experts" and said he was confident that Willingham was 
guilty of the crime for which he was executed.

The new Perry-appointed commission chairman, Williamson County 
District Attorney John Bradley, says it will take time for him and 
the other new members to receive proper orientation. Just how much 
time it takes is up for speculation.

Some veteran political watchers are betting that a meeting on the 
Willingham case won’t come before the March 2 gubernatorial primary 
in which Republican heavyweights Perry and Sen. Kay Bailey Hutchison 
will face off. That’s if it comes at all.

At worst, the governor’s decision to can the commissioners looks 
politically motivated. At best, it was very poorly timed. The move 
derailed a process that the commission had initiated to get to the 
truth about an execution that occurred on Perry’s watch. The public 
is entitled to know that truth.

Truth is the essence of the American criminal justice system. If the 
public feels truth has been tampered with, disguised or hidden, 
confidence in that system is lost.

It is in the best interest of this state — and the best interest of 
justice — for the Texas Forensic Science Commission to reschedule a 
meeting to hear new findings in the Willingham case as soon as 
possible — which surely would be before March 2.

To do otherwise would be a mockery that Texans and the entire nation 
should condemn.

http://www.star-telegram.com/242/story/1654369.html