Cameron Todd Willingham: Did Texas Execute An Innocent Man?

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Huffington Post
First Posted: 08-31-09 07:40 AM   |   Updated: 10-16-09 05:12 AM

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Huffington Post blogger Barry Scheck, of the Innocence Project, weighs in on the new evidence revealed by an investigative report in the New Yorker on the tragic story of Cameron Todd Willingham, a man executed in 2004 for the murder of his daughters.

Willingham was convicted of murdering his two young children by arson. He spent 12 years on death row in Texas before he was executed. Forensic science that supposedly proved the fire was intentionally set was central to Willingham's conviction was, in fact, completely invalid -- which the experts who testified should have known in 1992. A state forensic science commission in Texas is officially looking into the case and selected a widely respected expert to analyze whether the forensic testimony was valid. Last week the expert filed a report confirming what five other leading arson experts have found -- what passed for arson analysis in the Willingham case had no scientific basis, and the scientific facts in Willingham's case were the same as the case of Ernest Willis. In an entirely separate case, Willis was sent to death row in Texas for an arson murder of family members but, luckily, in his the state recognized the arson analysis was wrong. Willis was fully exonerated just months after Willingham was executed.


The state forensic commission in Texas is still finishing its work on Willingham's case, but David Grann's New Yorker article examines the entire case, including the jailhouse informant who plainly gave false testimony and the circumstantial evidence, flimsy in the first place, that was not what it appeared to be to the jury. After reading Grann's report, fair-minded people will know beyond a reasonable doubt that an innocent person was executed

The New Yorker story is a fantastic piece of reporting, and well worth the full read. It begins:

The fire moved quickly through the house, a one-story wood-frame structure in a working-class neighborhood of Corsicana, in northeast Texas. Flames spread along the walls, bursting through doorways, blistering paint and tiles and furniture. Smoke pressed against the ceiling, then banked downward, seeping into each room and through crevices in the windows, staining the morning sky.


Buffie Barbee, who was eleven years old and lived two houses down, was playing in her back yard when she smelled the smoke. She ran inside and told her mother, Diane, and they hurried up the street; that's when they saw the smoldering house and Cameron Todd Willingham standing on the front porch, wearing only a pair of jeans, his chest blackened with soot, his hair and eyelids singed. He was screaming, "My babies are burning up!" His children--Karmon and Kameron, who were one-year-old twin girls, and two-year-old Amber--were trapped inside.

Huffington Post blogger Barry Scheck, of the Innocence Project, weighs in on the new evidence revealed by an investigative report in the New Yorker on the tragic story of Cameron Todd Willingham, a ma...
Huffington Post blogger Barry Scheck, of the Innocence Project, weighs in on the new evidence revealed by an investigative report in the New Yorker on the tragic story of Cameron Todd Willingham, a ma...
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- MtDavid I'm a Fan of MtDavid 4 fans permalink
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I don't understand the Christian zeal for executing people. No abortions, no end-of-life euthanasia to relief pointless suffering. But when it comes to a person, especially a person of color, many Christians are quick to enthusiastically advocate killing. And these same Christians also support war. What would Christ say?

    Favorite    Flag as abusive Posted 07:37 PM on 10/15/2009

A no fact checking article by Huffington. Too bad.

From Dudley Sharp, contact info below

1) "Cameron Todd Willingham: Media Meltdown & the Death Penalty:
"Trial by Fire: Did Texas execute an innocent man?", by David Grann
http://homicidesurvivors.com/2009/10/04/cameron-todd-willingham-media-meltdown--the-death-penalty.aspx

This was written and released prior to the Corsicana Fire Marshall's report, below:

2) EXCLUSIVE: City report on arson probe:
State panel asks for city response in Willingham case
http://www.corsicanadailysun.com/news/local_story_276222736.html

3) No Doubts
http://www.corsicanadailysun.com/thewillinghamfiles/local_story_250180658.html

For a collection of articles, go to:

Corsicana Daily Sun, The Willingham Files
http://www.corsicanadailysun.com/thewillinghamfiles

OTHER REPORTS: There is the potential for, at least, 3 more, official, reports on this case: the Texas Fire Marshall's office, which will give an official and requested reply, the Corsicana Police Dept. and Navarro County District Attorney's office, both of which, I speculate, may only contribute to the TFM report, but could issue their own reports.

There is an official "report" which, it appears, few have paid attention to - the trial transcript.

I find that rather important because, at least five persons, who were involved with the trial, the prosecutor, defense attorney, two surviving fire investigators and a juror have all voiced support for the verdict, still, in the light of the criticism of the arson forensics.

One of those original fire investigators is an active certified arson expert.

    Favorite    Flag as abusive Posted 08:21 AM on 10/07/2009

Governor Rick Perry showed remarkable lack of compassion and extremely poor judgement when he continued with the excution of a (likely innocent) man when doubts about his guilt had already been raised.

    Favorite    Flag as abusive Posted 11:17 PM on 10/05/2009
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@steamboat - Yes, but in Cameron's case I think the classist argument holds water. Look at the quality of the original defense he received. A bit different from what O.J. Simpson received.

    Favorite    Flag as abusive Posted 12:33 AM on 09/03/2009
- revruc1 I'm a Fan of revruc1 2 fans permalink

Let us do it this way, if a man is put to death and later he was found innocent, execute the ones that put him there. Next time I guarantee, there will be no shadows left.

Another thing, this bi-polar. If a man commits a crime and he says he has bi-polar, put the body in jail for colloborating with the mind. Dumb Judges and Attorneys, do not even know that you cannot separate the mind from the body. They are a team, if the mind is crazy, the body is the same. That is like a man pulling a trigger on a gun and saying, "cut the finger off and let the body go."

    Favorite    Flag as abusive Posted 01:04 PM on 09/02/2009
- naeldwyck I'm a Fan of naeldwyck 19 fans permalink
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If you still think capital punishment works as a deterrent you obviously have not been paying attention.

    Favorite    Flag as abusive Posted 03:54 PM on 09/02/2009
- revruc1 I'm a Fan of revruc1 2 fans permalink

Makes no difference, as you see, what will be done will be done. However, it depends on where the done is coming from and to whom.

    Favorite    Flag as abusive Posted 10:09 PM on 09/02/2009

Wow! What a surprise! Not that we in Texas execute innocent people, but that we execute white people. I had assumed that the law stated explicitly that Texas' Death Row was only for minorities. Maybe we made an exception because the victims were white.

    Favorite    Flag as abusive Posted 10:47 AM on 09/01/2009
- revruc1 I'm a Fan of revruc1 2 fans permalink

You mat be rught. To make it look good.

    Favorite    Flag as abusive Posted 10:10 PM on 09/02/2009
- GranE I'm a Fan of GranE 14 fans permalink

The New Yorker article if correct, makes a case that it costs more to kill someone than for room and board for life. Many people think the opposite is true. We need to see more numbers on this issue if money is the driving factor, however grotesque the death penalty is.

Obviously Texas has proven that the death penalty is not a deterrent. Jurists in a death penalty case are in a "preordained" position whether they realize it or not.

    Favorite    Flag as abusive Posted 10:05 AM on 09/01/2009
- skullman I'm a Fan of skullman 37 fans permalink
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People who support the death penalty don't care if it costs more, they are bloodthirsty.

    Favorite    Flag as abusive Posted 10:19 AM on 09/01/2009
- neocon666 I'm a Fan of neocon666 64 fans permalink

I recently watched a crime show which documented actual cases of people who were exhonerated by DNA evidence. Unfortunately, one was a case of a man who DIED IN PRISON while serviing his sentence after being convicted of a brutal rape. Not only was there problems with the case itself (he had an alabi, which was ignored by the police and the DA), a man came forward and confessed to the rape after the statute of limitations had passed, and DNA evidence was used to confirm that he was in fact the real rapist. The point is that people who can't afford good legal representation go to jail for crimes they didn't commit.

I would like to see a study done which takes the number people executed under the death penalty in the United States and extrapolates that into the number of death row inmates who have been exhonerated through DNA evidence to get an idea of the number of people executed who might have been exhonerated by DNA research, which is expensive, and few can afford to pay for themselves privately.

    Favorite    Flag as abusive Posted 09:19 AM on 09/01/2009
- skullman I'm a Fan of skullman 37 fans permalink
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This was a very good piece in the "New Yorker". Those who oppose the death penalty have always known that it is almost certain that innocent people have been executed, but have had a hard time pointing to a specific case. This might be the one that changes that. Those who support the death penalty for example point out to all of the people in Illinois who were unjustly convicted and sentenced to death and were later found to be innocent. Pro death penalty claim that this shows that "the system works". All this shows is that Illinois was a lot slower to execute people than Texas. These people would have been executed in Texas, before the system had ever found the mistake. There is also the issue of competent legal representation. There are two standards of justice. those who can afford good attorneys, who don't get the death penalty, and those who have no money. If you don't have money and are forced to use public defenders you are screwed.

    Favorite    Flag as abusive Posted 08:16 AM on 09/01/2009

Weird isn't it that Republicans are all about state sanctioned murder, but state sanctioned health care is somehow a violation of freedom!!!

Weirdest people on earth.

    Favorite    Flag as abusive Posted 12:33 AM on 09/01/2009
- jobecky20 I'm a Fan of jobecky20 5 fans permalink
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Well said! Yes, it is VERY weird.

    Favorite    Flag as abusive Posted 08:20 AM on 10/15/2009

This is exactly why I am against the Death Penalty. I am not against punishing criminals, but our justice system lacks integrity on many levels and one innocent mans life is not worth the lives of 1000 true criminals. I think a more fitting punishment for real criminals including the dirtbag who kidnapped that little girl 18 years ago is life in prison without parole. Let him proove himself in the yard every day. If they would have given this man life without parole, they would be able to at least released him. I agree there should be punishment for this.

    Favorite    Flag as abusive Posted 12:14 AM on 09/01/2009
- psbintl I'm a Fan of psbintl 19 fans permalink
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Fanned!

    Favorite    Flag as abusive Posted 01:03 AM on 09/01/2009
- naeldwyck I'm a Fan of naeldwyck 19 fans permalink
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The recorded cause of death of Willingham is "homicide". Carried out by a whole number of people who each carry out only a small part of the procedure so that no one can be held personally responsible. That in itself doesn't tell you there is something wrong with capital punishment?

    Favorite    Flag as abusive Posted 03:04 AM on 09/01/2009
- doctordawg I'm a Fan of doctordawg 9 fans permalink

Now the prosecutor and the jury must be tried for murder. That would completely satisfy justice. Texas can have it's barbaric death penalty, but if the jury and prosecutor are wrong, they must be put to death.

That would be the ONLY way to be sure no one would EVER railroad an innocent person ever again.

    Favorite    Flag as abusive Posted 11:35 PM on 08/31/2009
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The JURY should be tried for murder? What??

    Favorite    Flag as abusive Posted 11:50 PM on 08/31/2009
- c1ee I'm a Fan of c1ee 4 fans permalink

The original arson investigators should be charged with criminal incompetence (if there is such a law for that). The governor and parole office should be charged with murder for not even bothering to look at the evidence brought forth by Dr Hurst.

    Favorite    Flag as abusive Posted 11:55 PM on 08/31/2009
- naeldwyck I'm a Fan of naeldwyck 19 fans permalink
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Seeing the death penalty as a deterrent is ignorant at best. Whatever happens to this prosecutor and jury, there is no way to guarantee no innocent person will be put on death row as long as death row exists.

    Favorite    Flag as abusive Posted 03:02 AM on 09/01/2009
- jatkins I'm a Fan of jatkins 2 fans permalink

Or, Texas could abolish the death penalty. No more execution night parties, smiling at the news reports of executions, and electing pro-death state officials. It would be the end of an era, and people would miss the death penalty more than the wrongfully executed.

    Favorite    Flag as abusive Posted 06:42 AM on 09/01/2009

Did Texas execute innocent people? Probably.

    Favorite    Flag as abusive Posted 11:31 PM on 08/31/2009
- legalies76 I'm a Fan of legalies76 6 fans permalink
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Texas is a an evil joke.

    Favorite    Flag as abusive Posted 11:44 PM on 08/31/2009
- psbintl I'm a Fan of psbintl 19 fans permalink
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This would not be the first time!

    Favorite    Flag as abusive Posted 01:04 AM on 09/01/2009

Doubt this would be the first time.

    Favorite    Flag as abusive Posted 11:30 PM on 08/31/2009
- KataVideo I'm a Fan of KataVideo 42 fans permalink
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When they threaten to secede, I think, "so?"

    Favorite    Flag as abusive Posted 11:27 PM on 08/31/2009
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