Executed man didn't commit fatal arson, expert tells TX officials

In Texas, they're conducting the first state-sponsored review of a capital punishment case. Specifically, they're looking into the case of Cameron Todd Willingham, who was convicted and executed for setting a house fire that killed his three children. An expert on fire science says there was "no basis" to rule the fire an arson, the Chicago Tribune reports. Snip:

The state fire marshal on the case, Beyler concluded in his report, had "limited understanding" of fire science. The fire marshal "seems to be wholly without any realistic understanding of fires and how fire injuries are created," he wrote.

The marshal's findings, he added, "are nothing more than a collection of personal beliefs that have nothing to do with science-based fire investigation."

Willingham's last words before he was executed?

Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby. [Remaining portion of statement omitted due to profanity.]

A Wikipedia entry about the case.

The prosecutor's account.

A 2004 piece from the Tribune that raised questions about the case.

Hat Tip: Many thanks, Keith G in PV!

Comments

[D-man]

dude, that sucks. Looks like the prosecutor worked pretty hard on that one.

[Marvin]

Like they say, there's no such thing as acting suspicious after a tragedy. Cops seem to think if you're not squirting soap opera tears, you're not grief-stricken enough.

[Jack]

This might be a helluva "OOPS" but Texas has a quota to keep.

[The Golfer]

Yes D-man, if you are not doing the same as others, you must have something to hide.

When my wife died, her side of the family lost it, crying, yelling, stomping around, etc. Her brother and sister wrote letters about how they felt. I remained calm, had too, a 6 year old daughter, the arrangements, etc. were all on me. They said I had to write a letter, I said no I don't. They said I need to cry, I said, not now, maybe later. Couple of weeks later, I just lost it for a bit. Same thing is happening to my Momma now. Daddy died in May.

[FanDanGo]

Experts looking over cold reports 20 years after the event don't have the relevance of on-the-scene, at-the-time eye- (and nose-) witnessing done by the investigators back in the day.

[Mr Rosemary]

In true Texas fashion, they investigate this after the state killed him.

[Nemesis]

I smell one big lawsuit brewing.....

[Kevin]

I deal with Fire Investigators daily.Seldom can they tell me what exactly caused a fire with enough confidence to put it in a report. It is my beleif, based on my expereince working with Investigators, that like most expert witnesses, you can always find one to report what you want them to say.

[FanDanGo]

No lawsuit likely since he killed all his kids.

[Keith G. in P.V.]

Or lawsuit likely since he DIDN'T kill his kids but got killed for it.

[D-man]

His wife divorced him. I'm interested in seeing what role she plays in any legal issues. Especially considering his choice for last words "see WikiPedia"

[Chuck Rizzo]

Please no one ever cite wiki as fact. I've changed so many pages and people use them its sickening.

[aaron]

This is distressing. what is wrong with us that we allow this to continue. This is not the only innocent man that WE have put to death. The blood is on our hands. We're all murderers.

[Mark]

The original report supporting the prosecution brought together criminal history, (domestic violence) financial motive, (insurance used to buy a new truck), immediate witnessed behavior before and during the event (outside house before fire in contrast to his statement that he was awakened by it, working to save his car from the flames instead of his kids, reporting that he risked life and limb to save the kids in contrast to no burns, no smoke inhalation damage, and witness statements to the contrary), jailhouse confession, arson indictors (evidence of gas used to burn a concrete surface), multiple gas containers located at the crime scene, etc. See
http://www.clarkprosecutor.org/html/death/US/willingham899.htm

The “experts” attack centers upon his disdain for mere LEOs without Ph.D.s not documenting the use of the scientific method in evidence gathering to his satisfaction. See
http://www.docstoc.com/docs/10401390/Analysis-of-the-Fire-Investigation-Methods-and-Procedures-Used-in-the-Criminal-Arson-Cases-Against-Ernest-Ray-Willis-and-Cameron-Todd-Willingham

News flash: crime investigation involves both facts and intuition, put before a jury. Mr. Baylor clearly believes that only he would make a qualified juror. The suspending of common sense, intuition, criminal history, and other such evidence and observations in the name of hyper-credentialism is simply stupid, just as the arrogant condemnation of the primary investigators in this case is foolish. Truly our universities are producing more fools then anything else these days, always learning, never knowing, and constantly believing themselves to be fundamentally superior to their fellow men.

BTW, I'll bet you dimes to donuts Mr. Baylor is against the death penalty.

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[Paul]

The saddest thing here isn't the fact of wrongful execution. It's instead the comments from some readers. It wasn't just the guy that Texas hired for this investigation, it was also Hurst and the soul that the Chicago Tribune hired before that [and kudos to the Tribune for its fine journalism here, since they called this one back in 04].

Oh, and the head-shrinker who testified at trial that the accused was a "sociopath"? Well, he was disciplined following for making diagnoses without ever examining the subject. Just the reliable sort of soul that we were looking for (not).

Lastly, some just don't have the sense that God meant for them to have. The fire was either arson or it wasn't. If it wasn't, then nothing else matters, not what anyone thought they heard, not any purported prior bad acts, not a purported lack of worry or grief, etc. If science says "not arson", then "not arson" is what it is. His being bad can't change that, him not showing what you believe sufficient grief can't that, and his being a general bad apple can't change that. And can't change that any more than I can change the reality that unless escape velocity is achieved and maintained, what goes up must come down.

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