originally published 1/28/2011
Does Forensic Science Comm. have any jurisdiction in Willingham case?
From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom
Regarding the jurisdiction, by time, of the Texas Forensic Science Commission in the Willingham case: It seems clear that the TFSC has no jurisdiction in this case. But that is why we have AG opinions.
Added later - NOTE: The AG determined the obvious, the TFSC broke the law.
The question in not why the TFSC has submitted questions to the Texas AG for his opinion, now, but why and how the TFSC could have spent all of the time, money and other resources on the Willingham case, without being responsible enough to get an opinion from the AG, prior to all of those expenditures.
Were John Bradley and R. Lowell Thompson, Navarro County District Attorney, the only ones who took the time to read the law? Of course not.
Has the TFSC been breaking the law this entire time?
added later: Yes. Quite obvious.
Review: CAPS/BOLD/UNDERLINE/QUOTE For my emphasis
“WILLINGHAM WAS EXECUTED IN 2004”
CODE OF CRIMINAL PROCEDURE, TITLE 1. CODE OF CRIMINAL PROCEDURE CHAPTER 38. EVIDENCE IN CRIMINAL ACTIONS Art. 38.35. FORENSIC ANALYSIS OF EVIDENCE; ADMISSIBILITY. SECTION 21. Article 38.35, Code of Criminal Procedure, as amended by this Act, (fn 2) “APPLIES ONLY TO THE ADMISSABILITY OF PHYSICAL EVIDENCE IN A CRIMINAL PROCEDING THAT COMMENCES ON OR AFTER THE EFFECTIVE DATE OF THIS ACT.”
(NOTE: WHICH IS 9/01/05)
The admissibility of physical evidence in a criminal proceeding that commenced before the effective date of this Act is governed by the law in effect at the time the proceeding commenced, and that law is continued in effect for that purpose.
SECTION 22. (a) “THE CHANGE IN THE LAW MADE BY THIS ACT APPLIES TO:
(1) EVIDENCE TESTED OR OFFERED INTO EVIENCE ON OR AFTER THE EFFECTIVE DATE OF THIS OF THIS ACT (9/01/05); AND
(2) AN INDIVIDUAL WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS ACT (9/01/05):
(A) IS CONFINED IN A PENAL INSTITUTION OPERATED BY OR UNDER CONTRACT WITH THE TEXAS DEPATEMENT OF CRIMINAL JUSTICE AS DESCRIBED IN SECTION 411.148(a)(1)
(B), GOVERNMENT CODE, AS AMENDED BY THIS ACT;” SNIP applies to TYC and DNA SECTION 23. “THIS ACT TAKES EFFECT September 1, 2005."
If the law doesn’t mean what it says, then why does it say it? Just a thought.
The law can always be changed.
The question should be asked. “As the law seems clear, why wasn’t it followed?” or “Why wasn’t an AG opinion requested before all of the resources were expended?”
FN
(1) Does Forensic Science Comm. have any jurisdiction in Willingham case?http://homicidesurvivors.com/2011/01/28/does-forensic-science-comm-have-any-jurisdiction-in-willingham-case/
(2) links http://www.statutes.legis.state.tx.us/docs/CR/htm/Cr.38.htm http://www.legis.state.tx.us/tlodocs/79R/billtext/html/HB01068F
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