Governor Perry's Execution of a Possibly Innocent Man in 2004

[xocet]

This old New Yorker article is still worth reading:

Trial by Fire
Did Texas execute an innocent man?
by David Grann
September 7, 2009

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.

Willingham told the Barbees to call the Fire Department, and while Diane raced down the street to get help he found a stick and broke the children’s bedroom window. Fire lashed through the hole. He broke another window; flames burst through it, too, and he retreated into the yard, kneeling in front of the house. A neighbor later told police that Willingham intermittently cried, “My babies!” then fell silent, as if he had “blocked the fire out of his mind.”

Diane Barbee, returning to the scene, could feel intense heat radiating off the house. Moments later, the five windows of the children’s room exploded and flames “blew out,” as Barbee put it. Within minutes, the first firemen had arrived, and Willingham approached them, shouting that his children were in their bedroom, where the flames were thickest. A fireman sent word over his radio for rescue teams to “step on it.”
...

Read more http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann#ixzz1XNSbJOsw

This more recent article claims that the objections to the arson investigators' conclusions were brought up only after the execution. This is contradicted by what is stated in the New Yorker.

Board Approves Report on Willingham
by Aziza Musa
4/15/2011

The Forensic Science Commission voted out an amended version of a report on convicted arsonist Cameron Todd Willingham's case, but won't rule on professional negligence until the attorney general says whether they have jurisdiction to do so.

The final version will be available to the public on Monday. The original draft report, released Thursday, made recommendations to fire investigators, lawyers and judges and explicitly says the board will not rule on professional negligence while Attorney General Greg Abbott's decision is pending.

Willingham was convicted of setting fire to his Corscicana home and killing his three daughters in 1991, but he maintained his innocence. Following his execution in 2004, fire science experts questioned the evidence used to convict him.

The commission received a request from the Innocence Project, a New York-based ciinic that seeks to exonerate wrongfully convicted people, to review the Willingham case for professional negligence in 2006 and took up the case three years later. But Gov. Rick Perry replaced his appointees on the commission and named Williamson County District Attorney John Bradley as chairman.
...

Read more http://www.texastribune.org/texas-dept-criminal-justice/cameron-todd-willingham/board-approves-report-on-willingham-/

Here Governor Perry's restaffing of the Texas Forensic Science Commission is discussed along with the eventual replacement of Perry's political appointee, Williamson County District Attorney John Bradley:

New Head of Forensic Science Panel Takes On Arson Case
by Brandi Grissom
7/22/2011

FORT WORTH — With a smile and a friendly laugh, Dr. Nizam Peerwani offers coupons for free autopsies to visitors to his office.

Death and the science of it have dominated Peerwani’s 30-year career in the Tarrant County medical examiner’s office. Now, Peerwani is taking on a very live controversy as chairman of the Texas Forensic Science Commission: the continuing investigation into the arson science that led to the conviction and 2004 execution of Cameron Todd Willingham.

“His background and his temperament give him the unique ability to make sure the commission is focused on the science of forensics instead of the science of politics,” said Sen. Rodney Ellis, D-Houston, who helped created the nine-member commission in 2005.

Willingham was convicted of setting the 1991 fire that decimated his Corsicana home and killed his three young daughters. Shortly before he was executed, an internationally known arson scientist retained by defense attorneys reviewed the evidence used to secure his conviction and concluded it was flawed. Both the Texas Board of Pardons and Paroles and Gov. Rick Perry declined to stay the execution.
...

Read more http://www.texastribune.org/texas-dept-criminal-justice/texas-forensic-science-commission/new-head-of-forensic-science-panel-takes-on-arson/

Here Texas Attorney General Greg Abbott rules that cases which occurred before 2005 should not be considered by the Texas Forensic Science Commission:

Texas AG Ruling May End Willingham Probe
by Brandi Grissom
7/29/2011

The Texas Forensic Science Commission’s investigation of the science used to convict Cameron Todd Willingham — executed in 2004 for an arson that killed his three children — may be at an end after the state’s top attorney Friday ruled that the panel cannot consider evidence in cases older than 2005.

Attorney General Greg Abbott’s ruling is the latest development in the years-long controversy over the commission’s handling of the high-profile case. Advocates on both sides of the issue claimed the ruling as a victory, though it does narrow the scope of what the commission is allowed to investigate.

The commission's former chairman, Williamson County District Attorney John Bradley, said the decision vindicated his argument that the commission did not have jurisdiction to investigate evidence in cases that occurred before lawmakers created the panel in 2005.

“We should be spending much more time focusing upon these modern forensic science issues,” said Bradley, who requested the ruling in January. Lawmakers did not confirm Bradley’s appointment this year, and so his term ended with the legislative session. “This AG opinion will correct the course of the Forensic Science Commission.”
...

Read more http://www.texastribune.org/texas-dept-criminal-justice/cameron-todd-willingham/ag-issues-ruling-forensic-science-jurisdiction/

Here the Texas Forensic Science Commission meets under its new chairman, Dr. Peerwani:

Advocates Urge Panel to Continue Willingham Probe
by Brandi Grissom
9/8/2011

The Innocence Project is urging the Texas Forensic Science Commission to forge ahead with its investigation of the Cameron Todd Willingham and Ernest Ray Willis arson cases despite a recent ruling from the state’s top lawyer that seemed to limit the panel’s authority.

“As these cases so vividly demonstrate, your investigation is a matter of justice or wrongful convictions; indeed, it is a matter of life or death,” Steven Saloom, policy director at the New-York based organization, wrote in a letter Tuesday to the commission.

The commission is meeting today and Friday for the first time since Gov. Rick Perry appointed Dr. Nizam Peerwani chairman, replacing firebrand prosecutor and Williamson County District Attorney John Bradley. It’s also the first meeting since Attorney General Greg Abbott issued a ruling in July concluding that the panel cannot consider evidence in cases older than 2005. Willingham was convicted of igniting the 1991 blaze that killed his three young daughters. He was executed for the crime in 2004. Willis was convicted based on similar arson investigation techniques and was exonerated in 2004.

The Innocence Project in 2006 asked the Forensic Science Commission to investigate the science used to convict the two men. Since the commission agreed in 2008 to take up the matter, it has become a proxy fight between death penalty abolitionists and proponents.

Read more http://www.texastribune.org/texas-dept-criminal-justice/cameron-todd-willingham/advocates-urge-science-panel-continue-arson-probe/

One should now examine Governor Perry's proud statement regarding the practice of execution in Texas:

Death Penalty: Applause for Rick Perry’s ‘Ultimate Justice’ at Republican Debate
By Arlette Saenz
Sep 8, 2011

Texas Gov. Rick Perry apparently loses no sleep over authorizing 234 executions in more than a decade as Texas governor.

Perry has authorized more executions than any governor in the history of the United States. He said at a Republican presidential debate Wednesday that he has never worried that the state of Texas has executed an innocent man.

“I’ve never struggled with that at all. The state of Texas has a very thoughtful, a very clear process in place,” Perry said. “When someone commits the most heinous of crimes against our citizens, they get a fair hearing, they go through an appellate process, they go up to the Supreme Court of the United States if that’s required.”

Perry said the death penalty should be dealt with on a state-by-state basis but supports the decision of Texas to uphold the death penalty, calling it the “ultimate justice.”
...

Read more http://abcnews.go.com/blogs/politics/2011/09/death-penalty-applause-for-rick-perrys-ultimate-justice-at-republican-debate/

So, not only has Texas Governor Rick Perry proudly executed a possibly innocent man, Cameron Todd Willingham, but, additionally, he has brazenly broken a treaty to which the US is a party, the Vienna Convention, in the Garcia case.

Now, that is some record.

[TexasProgresive]

1. 1st Texas has repeatedly broken that treaty, 2nd & more important

Perry's likely voters don't care. The only thing that would shoot him down in their eyes is if he came out as a formerly closeted liberal gay transvestite. Signing off on a Mexican's death warrant is something they would find exhilarating. The fact that he is innocent means nothing-"he's a wetback ain't he?"

[qb]

2. I can understand some thugs not caring that an innocent suspect went to his death needlessly,

but how can they not care that the actual criminal roams free?

[EOTE]

10. In this case, it's likely that there was no actual criminal.

It looks to have been a fire caused by accident, not arson.

[Hoopla Phil]

3. The governor of Texas has NO authority to stop an execution.

none

zip

Nada

On edit: Here is an old hit peace on Ann Richards how she was killing people (but she had no power to stop it)http://www.workers.org/2006/us/ann-richards-1012/

[xocet]

5. Really? That view of reality is opposed by Texas Legal Code....

APPLICATIONS FOR REPRIEVE OF EXECUTION AND COMMUTATION TO LIFE IN PRISON IN CAPITAL CASES.

In capital cases, the Board considers an application for commutation of sentence to life in prison and for a reprieve of a scheduled execution. If a majority of the Board members make a written recommendation for clemency in a death penalty case, the governor may grant commutation or a reprieve. The length of the reprieve can be 30 days or longer, in increments of 30 days. The governor also has the power to grant a one-time thirty-day reprieve of execution in capital cases.
...

Read more http://www.tdcj.state.tx.us/bpp/exec_clem/exec_clem.html#WHAT_IS_A_REPRIEVE_EMERGENCY_MEDICAL_FAMILY_CIVIL_COURT_PROCEEDINGS

So, yes, Governor Perry could have intervened and tried to sort things out had he cared about so-called "ultimate justice".

EXECUTIVE CLEMENCY ACTIVITY

Executive Clemency is the power of the Governor to grant a full or conditional pardon, full pardon based on innocence, commutation
of sentence, remission of a fine or forfeiture resulting from a criminal conviction, emergency medical reprieve, or 30 day reprieve of
execution. In accordance with the Texas Constitution, the Governor may only grant executive clemency upon the recommendation of the board (with the exception of a reprieve of execution, as described on the following page). The board is limited to recommending clemency and to setting minimal eligibility requirements for clemency applications which include:

• Executions
• Applications Processed
• Reprieves (Emergency Medical, Family)
• Pardons
• Restoration of Rights
...

Read more at http://www.tdcj.state.tx.us/bpp/publications/AR%20FY04.pdf (page 58 of the AR which is page 76 of the PDF file)

It is ironic that you use the term "hit peace (sic)."

It is clear from the second document to which I have linked above that a reprieve of execution is not seriously considered in Texas: one can examine the next two pages after it states "with the exception of a reprieve of execution, as described on the following page" to attempt to find the "following description", but it will not be found since it is not actually described. One may peruse pages 59 and 60 for oneself to verify that a reprieve of execution is neither mentioned nor described.

Now, in case you want to argue that my documentation is too recent, here is the Texas Board of Pardons and Paroles Annual Report for the FY 2003:

EXECUTIVE CLEMENCY ACTIVITY

Article IV, Section 11 of the Texas Constitution, Chapter 48 of the Texas Code of Criminal Procedure, and Chapter 508 of the Texas Government Code provide the authority for recommending acts of executive clemency by the Texas Board of Pardons and Paroles to the governor. Members of the Board review and make recommendations to the governor regarding full pardons, pardons based upon innocence, commutation of sentences and emergency reprieves for general population inmates, and commutation of sentences and reprieve of execution for inmates with death penalty sentences. Pursuant to state law, the governor may grant executive clemency upon the written recommendation of a majority of the Board of Pardons and Paroles. Absent a written recommendation of the Board, the governor may grant a one time, 30-day reprieve of execution in a death penalty case.
...

Read more at http://www.tdcj.state.tx.us/bpp/publications/2003%20AR%20Web.pdf (page 71 of the AR which is page 71 of the PDF file)

Hopefully, your next presentation will aim for being factually correct.

[Hoopla Phil]

8. I was correct. The Texas Governor cannot stop an execution.

That power was removed from the Governor after the "Pa" Ferguson situation.

You can bitch and moan about 30 days if you want to, but that does not stop the execution. And sense you have such little self control as to not send insulting (and asinine) PM's to people you are now my second person on ignore. Congratulations.

[xocet]

9. It is quite clear that your argument has no merit.

Have a nice day.

[bullwinkle428]

11. Sure doesn't stop Perry from taking "credit" for being at the helm

of the killing machine, given the remarks at the debate the other night.

[freethought]

4. Take a look at Frontline: Death by Fire

It was the best piece of journalism that I had seen done on the Willingham case up to that point. As I watched it, I tended to sense an "us vs. them" attitude local investigators had on the case. "Us" being the local investigators and "Them" being outsiders who reviewed the evidence and reports. Locals, it seemed to me, viewed the outsiders as ivory-towered elitists and seemed to resent others second guessing them.

What was even more telling was that after Willingham was convicted, an appeal or review of evidence was sent to some state office. Perry suddenly replaced the head of this office with one of his political hacks.

I once saw Perry confronted about the Willingham case by a reporter. He totally dodged the question by saying that Willingham called his wife/girlfriend a variety of foul names. Last I heard calling someone names wasn't a crime punishable by death. Cameron Todd Willingham was not considered an upstanding citizen, many thought he was an all round bully and a jerk. Needless to say that is quite different from calling someone a murderer,especially of 3 children.

[xocet]

7. Thanks for the recommendation of Frontline's "Death by Fire".

I will take a look at it: http://www.pbs.org/wgbh/pages/frontline/death-by-fire/

[aint_no_life_nowhere]

6. Just think of the cheers last night if Perry admitted he'd executed innocents

The Teatalitarians are so full of themselves as being justified in defying anyone and anything as a manifestation of their exceptionalism that they would have orgasmed at the thought of Perry allowing an innocent man to go to his death. It would have been the cherry on their cake.