Saturday, October 23, 2010

The Untold Story of Cameron Todd Willingham

Until now, no one has written of The Trial of Cameron Todd Willingham. Many have written about the discredited arson evidence used against him, but no one has written on the trial. Few writers have noted that the jurors maintain still today that they would have convicted Willingham even in the absence of the arson evidence.

There are multiple tragedies in this story. One of them is that had the jury deliberated more carefully and more skeptically, Willingham might not have been even convicted, much less executed.

The defense put on almost no case of its own. A babysitter testifed that Todd would never have done such a thing, An inmate was called to rebut the State's snitch, but was not allowed to testify. Other than those two less-than-impressive witnesses, Willingham's defense called no one to testify in his defense.

Despite the lack of an affirmative defense, and despite inadequate confrontation of the State's witnesses, the trial testimony still had buried within it an explanation of the fire that undermined the State's case. The jurors failed to see it. 

Will you, as a skeptical juror, see what they missed? 

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Thank you for your patience while I was distracted by the writing The Skeptical Juror and The Trial of Cameron Todd Willingham. The book is now available on Kindle. It will soon be available in print, hopefully this week. Click the book cover at the upper right purchase from Amazon.

Regular blogging will resume on Monday. Learn why Kia Levoy Johnson may be another person wrongfully executed under the watchful eye of James Richard "Rick" Perry.

Tuesday, October 19, 2010

Death By Fire

The Skeptical Spouse / Editor / Publisher and I just watched the Frontline presentation of Death By Fire. It told the story of Cameron Todd Willingham's conviction and execution for an arson / murder that never happened. Well done, but short. They had only an hour. Anyone who would like to watch it online can do so here.

We finished proofing our book The Skeptical Juror and the Trial of Cameron Todd Willingham just hours earlier. We were watching the show with special interest to see if the book was solid or if it contained a factual error. We both decided the book was good to go.

It will be off to our printing firm and to Kindle first thing in the morning. The Skeptical Spouse / Editor / Publisher believes the Kindle version may be available as early as this weekend and the print version may be available as early as next Wednesday.

Our work is definitely not a rehash of the Frontline show. The show barely touched on the primary focus of the book. As a reader, you'll have a chance to see if you, as a juror, could have stopped the tragedy before it began. No fire experts were needed to see that the State's case was simply not possible.

So it looks as if we can turn out a book in four weeks from first keystroke to availability on Amazon. I probably won't be trying it again any time soon, though. It's pretty hard on everyone involved. Tomorrow, I can start digging through the backlog of things left undone.

Good night.

Learn From Rob

Brandi Grissom of The Texas Tribune has a good interview with Hank Skinner's attorney. You can pick up some tips on how you might prepare for your next case before the U.S. Supreme Court. You can learn a little constitutional law. You might even learn something about the death sentence.

It's quite a good interview, actually. View it on YouTube if you wish, or on the Texas Tribune site.

Monday, October 18, 2010

Three-fer Update on Cameron Todd Willingham

Item First:

Watch the Frontline show on Cameron Todd Willingham. It will be air on PBS tomorrow, October 19, at 9 PM (check local listings and all that.)

Preview Part I on YouTube.
Preview Part II on YouTube

Now Item Second:

I finished The Skeptical Juror and The Trial of Cameron Todd Willingham. It's been through a couple of edits, and I have another pass to make through it to incorporate some more changes I've already decided upon. With those qualifications, the book is complete from beginning to end. I challenged myself to write it in one week. It took me three. Though it took me three times as long as I had aimed for, I'm pleased with my effort and the result.

We plan to release the book to our printing firm on Wednesday. It would be foolish of me to turn it out before the Frontline show. I would rather discover an error just before sending the book out rather than just after. The book should be available on Kindle within a week or so, and hopefully available in print from Amazon in less than two weeks.

The book will tell the story as it's never been told before, and as it is unlikely to be told again. It tells the story from the perspective of the jury room. You will get to examine the evidence just as it was presented to the actual jury. You will have an opportunity to find the flaws in the evidence, even if you are not a fire expert. The flaws were there. The actual jury did not notice them. A skeptical jury might have. I argue that not only should Willingham never have been executed, I argue he should not have been convicted.

Now Item Third:

I present this article from AP reporter Jeff Carlton. I've certainly seen his name around as I've been working on the Willingham book. This article is about the behavior of Rick Perry's hand-picked chairman for the Texas Forensic Science Commission that is to look into, among other cases, the case of Cameron Todd Willingham. Sometimes, as in this case, it is simply best to allow those you disrespect to dig their own graves.
A Texas prosecutor accused of bias for describing an executed man as a "guilty monster" defended his comments Friday, while his colleagues on a commission investigating the case said he might have jeopardized the integrity of their inquiry.
Williamson County District Attorney John Bradley said lawyers trying to clear Cameron Todd Willingham's name are using the case to further their effort to abolish the death penalty. He also argued that he has a First Amendment right to state his opinion.
"We are being used, and we should recognize that," Bradley said. "When do we get to respond to those lies? Who is going to correct the record?"
Willingham was convicted in 1992 of capital murder in the deaths of his three daughters and executed in 2004.
Bradley chairs the Texas Forensic Science Commission, which is investigating whether fire investigators committed professional misconduct in determining arson caused the 1991 Corsicana house fire that killed Willingham's daughters. At least nine fire experts have said the fire was an accident, not arson.
Other commission members said Bradley's remarks to The Associated Press, in which he described Willingham as a "guilty monster," raise questions about the impartiality and integrity of their inquiry.
"There is a difference between correcting the record and making the type of statement we are talking about," said Sarah Kerrigan, the laboratory director at the Sam Houston State regional crime lab.
But Bradley then referred to the Innocence Project's effort to clear Willingham as "politics and a circus sideshow."
"Texans deserve to have a prosecutor's voice included in the discussion of forensic science, a voice that can include concern for the victims of crime and not just the perpetrators of crime," said Bradley, who was appointed to the chairmanship last year by Gov. Rick Perry.
Stephen Saloom, the policy director of the New York-based Innocence Project, said Bradley shows "a critically important lack of objectivity" in his approach to Willingham.
"His job here is not to be the DA and the friend of the governor," Saloom said.
Bradley, who raised his voice repeatedly, dismissed Saloom as a "New York lawyer" making "personal attacks rather than legal arguments."
Bradley's leadership has been questioned since last year, when the governor sacked three members of the forensic commission just days before it was to review reports that cast doubt on the arson finding. Perry installed Bradley, a conservative ally, as the new chairman. Bradley canceled the subsequent meeting and since has sought to close the inquiry.
On Thursday, two fire experts testified at a special court of inquiry hearing unrelated to the forensic panel's inquiry, saying the Willingham fire was an accident. The judge overseeing that hearing has the power to declare Willingham innocent.
An Austin appeals court, however, granted an emergency stay that will prevent the judge from ruling for at least one week and could end the proceeding altogether.
If the judge clears Willingham, it would mark the first time an official in the nation's most active death penalty state has formally declared that someone was wrongfully executed.
The commission took no action Friday on Willingham. However, members are trying to arrange a November meeting that would hear live testimony from fire experts who have studied the case. Bradley continued to criticize the effort to clear Willingham after the meeting.
"I think it's pretty ridiculous to have this court of inquiry at the same time we're doing this," Bradley told reporters. "I think the public can see it for the sham that it is."
Click here to see Rick Perry's reaction on how things are working out with respect to keeping the Willingham case under wraps.

Saturday, October 16, 2010

Off Topic: Take Me Out

All wrongful conviction work and no play makes Jack a jaded and bitter boy. Though I'm buried much of my time studying and writing of crime, tragedy, and injustice, I try to not lose sight of all that is wonderful.  Part of the wonder is that people are endlessly inventive. I am really impressed by people who can do things well.

This is a staged bit by the group Atomic Tom. The skeptical among you can just smile at the opening text explaining that their instruments were stolen and they were forced to improvise. The result is nonetheless wonderous. I appreciate the video as much for what it implies as for the music.

Think about it. The group is just a few iPhones away from being a true cyborg band. It won't be long before such a performance will be possible without the external devices.

For those who wish to view it on YouTube, please feel free. Others of you who just can't bear to separate from this blog, the embed follows.