It’s going to be a lot harder for anyone to claim with a straight face that the state of Texas has never executed an innocent man.
Key testimony that sent a Corsicana auto mechanic to the execution chamber for setting a house fire that killed three young children was based on faulty investigations that ignored eyewitness reports and failed to follow accepted scientific procedures, an expert review of the case concludes.
While the 51-page report by nationally known fire scientist Craig Beyler stops short of charging that Cameron Willingham wrongfully was sent to his death, it dismisses as slipshod the investigations by Deputy State Fire Marshal Manuel Vasquez and Corsicana Assistant Fire Chief Douglas Fogg. Willingham maintained his innocence until his execution in 2004.
“The only statement I want to make is that I am an innocent man — convicted of a crime I did not commit,” Willingham said from the death house gurney.
The men’s investigations into the December 1991 blaze at Willingham’s residence failed to meet current standards of the National Fire Prevention Association or even standards that were in place at the time of the fire, Beyler wrote.
Some of the testimony Vasquez offered to support his claim that the fire was set to kill Willingham’s 1-year-old twins and 2-year-old stepdaughter, Beyler contended, was “hardly consistent with a scientific mind-set and is more characteristic of mystics or psychics.”
Beyler performed the review for Baltimore-based Hughes Associates Inc., a global fire protection engineering firm commissioned last year by the Texas Forensic Science Commission. The commission was created by the Legislature in response to the Houston Crime Lab scandal and other irregularities at state forensic labs.
Commission Chairman Sam Bassett, an Austin lawyer, said the panel will interview Beyler at its Oct. 2 meeting in Irving. Bassett said the commission will seek a response from the state fire marshal’s office. Vasquez died in 1994.
“This is a major step in the commission’s review,” the chairman said in an e-mail, “but it is by no means the end of the investigation.”
For more background on the Willingham case and other questionable arson cases in Texas, see here, here, and here. The Chicago Tribune, whose 2004 article on Willingham got the ball rolling on all this, has their own story, which contains this ending that may prove to be sadly prophetic.
Contacted Monday, one of Willingham’s cousins said she was pleased with the report but was skeptical that state officials would acknowledge Willingham’s innocence.
“They are definitely going to have to respond to it,” said Pat Cox. “But it’s difficult for me to believe that the State of Texas or the governor will take responsibility and admit they did in fact wrongfully execute Todd. They’ll dance around it.”
There is enough wiggle room to do that, if you’ve got a Sharon Keller/Antonin Scalia view of what “innocence” is. As encouraging as it was to see the state do the right thing in the Timothy Cole case, this is a step I’m not sure the powers that be are ready to take. I’ll be happy to be proven wrong about that. Grits and The Contrarian have more.