Texas Cannot Wait for Good Science in the Courtroom

Last week, Texas Governor Rick Perry removed three members from the Texas Forensic Science Commission. The changes come at a critical juncture in the investigation of the flawed forensics behind the conviction of Cameron Willingham, who was executed in 2004 for allegedly setting the fire that killed his three daughters.

Governor Perry's removal of these three members from this commission has drawn national attention and sharp criticism because there is concern that his appointed replacement of the commission chair, John Bradley, may slow or stifle the investigation. Bradley has already canceled a scheduled meeting on October 2, where the commission's retained fire expert, Craig Beyler, was to present and discuss his report. Beyler's report, released to the media under public information laws, confirms findings from three other expert reviews: that the arson evidence in the Willingham case was without scientific validity.

The canceled meeting is not the only casualty of this drastic change. Commission members have also decided to postpone a series of important roundtable discussions focused on a recent report of the National Academies of Science (NAS) about serious weaknesses in the nation's forensic systems because of the distractions caused by the shakeup.

Against the backdrop of an intense gubernatorial primary battle between Governor Perry and Senator Kay Bailey Hutchison, Perry's critics have pointed to the appearance that political considerations are behind the move to replace the commissioners, especially given the absence of any substantive reasons from the governor for the changes.

In the middle of the subsequent media firestorm, and with competing agendas in play, it is easy to lose sight of why the Texas Forensic Science Commission and its investigations are so important. This is ultimately not about politics or the death penalty. At stake is the integrity of scientific evidence in Texas courtrooms, and the erosion of public confidence in its criminal justice system that occurs when that science is unreliable or flat wrong.

Willingham's case is a troubling example of the kinds of forensic failures documented in the NAS report. Thousands of criminal cases will proceed this year in Texas and across the country in which forensic evidence will play a crucial role. But just as scientific evidence is increasingly relied upon, we are learning that that evidence is coming out of a system that, according to the NAS, is "badly fragmented," and lacks the oversight, independence, objectivity and quality standards needed to ensure reliability. Many issues identified in the NAS report are explored in The Justice Project's policy review, Improving the Practice and Use of Forensic Science.

The sooner Texas comes to a full reckoning with the problems in the Willingham case, the sooner we can begin to develop the kinds of oversight systems that can prevent bad science from undermining justice. The job of the Forensic Science Commission is first and foremost to investigate allegations of forensic negligence or misconduct. But its true value is not in looking back. It must look back in order to confront mistakes so that we can improve reliability moving forward. Until we put in place appropriate oversight and safeguards, innocent defendants will be at risk of conviction based on flawed forensics.

All of the Forensic Science Commissioners, including the three replaced by the governor, have done an excellent job serving the state. They have proceeded methodically, with great caution and with the highest regard for fairness and duty. After years of delay in getting the commission funded, these public servants had finally begun to conduct the business they were asked to. It is troubling that the commission's work is now derailed when they are finally poised to deliver on their mission.

Governor Perry and the new chair of the Forensic Science Commission have the chance to prove their critics wrong: the governor, by filling the remaining vacancy quickly, and the new chair, by promptly resuming the commission's business, without regard to politics or hot button issues, but solely in the service of science, truth and justice.

John F. Terzano is President of The Justice Project, a nonpartisan organization that works to increase fairness and accuracy in the criminal justice system.

Comments

[lungfish]

What do you expect from a leadership and constituency that doesn't believe in science or education beyond religious training? They don't care about the truth...
The fact is that if they have been executing innocent people then its probable, given the general GOP approach, that they would choose to try to obfuscate and hush up such egregious failings rather than do the right thing and declare a moratorium on executions while reviewing the system...
Money and favors change hands in backrooms and image takes the priority over justice and truth.
Standard Operating Procedure for GOP types...

[sasidechick]

If I lived in Texas and was on a jury, everytime scientific evidence would be presented I would disregard it. You can't trust it and they won't even LOOK at what they are doing wrong so why would anyone trust ANYTHING these people say? They executed an innocent man and don't want the fallout. Of course, he was a poor Latino, so according to Texas, who cares??

I would be the one holdout on the jury every single trial.

[Jaywalkker]

Are you kidding me? Texas juries are pulled from the people. The same people that elected their Texas School Board Members that decide curriculum. the same curriculum that has been under the gun for the last 4 years to discredit evolution, old earth geology, and planetary body formation through accretionary disc models. Now this same SBOE is working to change the social studies curriculum to remove "liberal" heroes and profile "conservative" heroes like Limbaugh and Reagan.

Very few Texas residents are of a proper mindset or comprehensive knowledge level to adequately evaluate science. And its self-inflicted.

[emlr]

To say nothing of their law to teach Christianity starting this year in the elemenrtary schools.

[ThinkCreeps]

...or the classroom, the boardroom, the bedroom...

Sooner or later ignorance has consequences.

[PlaceboStudman]

You said what I was going to say.

Forget the courtroom

We need to get good science in the classroom, and that wont happen so long as Creationists are allowed on the state board of education

[Jaywalkker]

Don't get me started.

As a resident of TX, indeed America, I realize that I will be hovering over my kid's science work to make sure evolution is present factually and "old earth" astronomy and geology is not downplayed.

[mcthfg]

Isn't it pretty obvious at this point that the rest of the country doesn't need or want Texas? And Texas doesn't want to be part of the 21st century, nor part of America? I mean - look who they keep electing.

Let's have all the Texans who want to live in an actual society move north. We'll cut off funding from Texas, take away their nuclear weapons, and we'll post military at our oil wells, just like we do in other foreign countries. They can stop being a financial and mental drain on this fine country.

Let them teach their kids that the earth is 6000 years old, and that evolution is "just a theory." Let them have their death penalty and racism and guns and hateful Christianity.

I'm sure their great experiment won't last more than 20 years.