Two Texans sent to death row by bad science

On September 3, the Dallas Progressive Examiner reported on the conclusion reached by Maryland's Dr. Craig L. Beyler, that two men were sent to Texas' death row, because of bad science. Dr Beyler was hired by the Texas Forensic Science Commission, to run a study of the investigations of two fires resulting in deaths . Ernest Willis was convicted in 1987 of killing two women by setting a fire. In 2004, a new district attorney, suspected that bad science had been used in the original investigation. The D.A. ordered a new one, which cleared Willis. The second case, was that of Cameron Todd Willingham of Corsicana, who was convicted in 1992 of setting the fire which killed his two year old daughter and one year old pair of twins. He was executed in 2004

The Commission was scheduled to hold a hearing on Friday, October 2 in Irving, at which Beyler was to testify about the study. Two days before that hearing, Governor Perry removed the chairman and two others from the commission. The new chairman, reputed to be one of the most conservative prosecutors in Texas canceled the hearing, and refused to say whether it will be rescheduled.

Beyler, a nationally-recognized expert in fire science, released his findings in August. He found that there was no way that an investigator could determine that Willingham intentionally set the fire that killed his children. Willingham's prosecutor admitted that the fire science used to prove that Willingham set the fire was bad, but said there were other reasons he knew Willingham was guilty, such as the fact that Willingham's feet weren't burned, as they would have been, if he had tried to rescue his children. Beyler said that there was extensive documentation showing that Willingham was burned.

Shortly before Willingham's execution, his attorneys found indications that the investigation had been flawed, and applied to the governor for a thirty day stay, so that they could submit their findings to the court.

Perry denied the stay. He said that he didn't accept Beyler's findings and felt there was further proof of Willingham's guilt.

Many experts condemned Perry's action of dismissing the commissioners. Barry Scheck of the Innocence Project compared the firings of the commission members to the Saturday Night Massacre, in which Richard Nixon fired special prosecutor Archibald Cox, before he was compelled to give Cox the Watergate tapes. Sam Bassett, the chairman of the commission who was replaced, said that forensic investigations should not be stopped by political ramifications. Gerald Hunt, a chemist with an explosives corporation who wrote Perry before the execution saying the investigation had been faulty, said he is not surprised by Perry's actions, but that he had not expected the governor to go so far. He thinks Perry doesn't want the public to hear from Beyler, because Beyler's professional credentials are impeccable.

Perry's opponents in the gubernatorial race also spoke up. His Republican opponent, US Senator Kay Bailey Hutchison, said that she is pro death penalty, but only when we are sure of the person's guilt. Democratic candidate Tom Schieffer said that "No one in public life should ever be afraid of the truth", and called for the hearings to be rescheduled.

Most of the developed countries have abolished the death penalty. A list of the nations who execute the most people is telling. The top three in order are China, Saudi Arabia and the United States. Texas executes more people than any other state.

Source: Herschel Tomlinson, Dallas Progressive Examiner, October 5, 2009