Saturday, June 24, 2023
Sam Bassett – Cameron Todd Willingham
Willingham: Have you read the Beyler report? It could, hardly, be worse.
Have you read the Beyler report? (2) It could, hardly, be worse.
From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom
Media Disaster: Cameron Todd Willingham: Media Colludes w/ the Anti-death Penalty Movement
http://prodpinnc.blogspot.com/2013/10/the-death-penalty-do-innocents-matter.html
Friday, June 23, 2023
Does Forensic Science Comm. have any jurisdiction in Willingham case?
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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Media Disaster: What the Willingham case is really about
Originally published 10/27/2009 (1)
Reply to Dallas Morning News “What the Willingham case is really about”
RE: Editorial: “What the Willingham case is really about”, Dallas Morning News, October 26, 2009
From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom
The Dallas Morning News (DMN) writes:” What counts most is the truth, no matter what the ultimate verdict.”.
We can all hope.
The DMN, until recently, has been extremely biased in this case. This anti-death penalty media bias, by many in the media, has been, overwhelming, throughout the US, over the past two months, in the Willingham case, just as it has, over the last two decades, with most death penalty issues (2).
The truth has suffered, greatly.
For example, instead of just reviewing the Chicago Tribunes’ Mills’ CYA piece, possibly the DMN and others will look at Stacy Kuykendall’s revised or contradictory statements, her standing by Todd Willingham, then condemning him, to determine if these are common characteristics of a woman suffering what is commonly called Battered Woman Syndrome.
Evidently, it didn’t even cross Mills’ mind.
Instead of the DMN’s backhanded “We’re not calling (Stacy) Kuykendall a liar. “, maybe some should look into that.
Maybe many in the media could make things a little less painful for her (and everyone else) by being more thorough.
The DMN has already revealed one major error in the Beyler Report. Look harder.
The Corsican Fire Department Report (CFDR) made some solid points against Beyler with regard to both errors and bias and the Texas Fire Marshal’s (TFM) office has already stated that they will be standing by their expert’s, Vasquez’, forensics, meaning that they will have to correct the Beyler Report in some convincing fashion, in order to defend Vasquez.
Craig Beyler is no slouch.
We are still waiting on what may be an updated CFDR. They stated they lacked much of the time and the evidence necessary to deliver a thorough report.
Due to Perry’s delay, they, now, have that time. And we are still waiting for the TFM Report.
While lacking all of that, as well as having no idea where a thorough, objective investigation by DMN reporters (or others’) may, eventually, lead, when it has already uncovered some damaging information, re Beyler, what does the DMN editorial board say, as do many others? . . . that Perry shamelessly thwarted the investigation by sacking commission members, that he blocked that search for truth and he should not fear putting the case under the microscope.
Can the DMN or others support any of that, with the facts? Of course not.
So much for a search for truth.
In other words, the DMN, as many, have already reached a verdict.
Is it possible that Perry did the prudent thing with all of the facts that he had before him? Of course.
Is it possible that he made a strictly political, stupid decision, based, only, upon course self protection? Of course.
Neither the DMN nor anyone else in the media can know, for sure. Not yet.
FN
1) Reply to Dallas Morning News “What the Willingham case is really about” http://homicidesurvivors.com/2009/10/27/reply-to-dalls-morning-news-what-the-willingham-case-is-really-about/
2) Full rebuttal of media's anti-death penalty claims and /or showing why the pro-death penalty positions are stronger:
Research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone in a public policy debate
Innocence Project Report: Cameron Todd Willingham
Originally published 10/26/2009 (1)
Innocence Project Report: Cameron Todd Willingham
In the Willingham case, the Innocent Project Report (IPR), in their executive Summary, found the fire was not an incendiary fire (2).
The IPR provided no evidence of that and no other source for the fire was established.
Discounting their statement goes to their lack of proof/evidence for the claim, for which they have none.
It may go to a professional standard that says, if you can’t prove it’s arson, then it is accidental. Not true, of course, at least in this case.
Therefore, the IP Executive Summary conclusion is highly misleading or a lie, based only upon this layman’s understanding of “the fire was not an incendiary fire."
Not surprising. Barry Scheck, the head of the Innocence Project, states:
"There can no longer be any doubt that an innocent person (Willingham) has been executed.” (3)
How, blatantly, dishonest can Scheck get? All Scheck is doing is removing any remaining doubt as to the IP’s bias and hurting an already damaged image of forensic scientists as anything but objective parties. Barry, why do that?
Likely, it is only based on a partisan anti-death penalty bias. No excuse.
Has the media gone after Sheck on this? Of course not. This goes to the media’s unchallenged bias against the death penalty in this, as in many death penalty cases. Same ole story.
The IPR, a short review:
NOTE: I have significant problems with the way the IPR was written. The IPR often travels down one road, only, seemingly, that of the defense in a criminal case. What the IPR fails to do, is tell the reader the full story.
I quote sections of the IPR, below, and after those are my reply, which is “WTIFTM” or “what the IPR forgot to mention”.
IPR: “This process can create patterns on those surfaces of the type described by Mr. Vasquez as “puddle configurations” and “pour patterns.” More importantly, these patterns can be created in compartment fires where no flammable liquids were introduced.” (fn 2, p 9, lines 8-11)
WTIFTM: It also can be created by flammable liquids in an arson fire. Possibly, persistent patterns remained.
IPR: “Based on this work, significant differences in the condition and appearance of the fire compartments and contents were observed between experiments with the same method of ignition. Simply stated, the patterns produced could not be used to discriminate an arson fire from an accidental fire.” (fn2, p9, lines 28-31)
WTIFTM: Precisely, could have been arson, could have been accidental. Possibly, persistent patterns remained.
IPR: “Even if we assume for the sake of argument that Mr. Vasquez’s repeated assertions that there was liquid accelerant used in this fire are correct, the distance between the three alleged areas of origin would not constitute an effective separation for a flammable liquid because the vapor would simply flash across the intervening space between the alleged pools of liquid fuel. In essence, there could only have been one origin given Mr. Vasquez’s determination.” (fn 2, p 12, lines 3-8)
WTIFTM: Yes, assuming that Vasquez was correct, the fire, most certainly, could have been arson. There could have been three origination points for the arson. Yet, the effects of a flashover may have erased any evidence of separation, possibly making an arson fire indistinguishable from an accidental fire and producing evidence of a single origin, when there may have been multiple origins. Possibly, persistent patterns remained.
IPR: “Each and every one of the “indicators” listed by Mr. Vasquez means absolutely nothing, and, in fact, is expected in the context of a fire that has achieved full room involvement, as this fire clearly did. Low burning, charred flooring and burning underneath items of furniture are common characteristics of a fully involved fire.34 They mean nothing with respect to the origin and cause of the fire, and they absolutely do not support any hypothesis that the fire had been accelerated by liquid fuels.” (fn 2, p17 lines 19-24)
WTIFTM: In fact, it supports neither hypothesis, that it was arson or accidental. It could have been either. Possibly, persistent patterns remained.
IPR: “Further, as stated earlier, it is impossible for flammable liquid to flow underneath a threshold and burn, because there is a lack of available oxygen under the threshold to support flaming combustion. (fn 2, p 17, lines 41-43)
WTIFTM: To state the obvious, it depends upon how secure the threshold is. If loose, worn, old and cracked, there may be sufficient oxygen to support flaming combustion.
IPR: “All of the (IPR) authors have seen reports like this one. If the Fire Marshal’s determination is wrong, his identification of the “lies” told by the defendant is equally wrong.” (fn 2m p18, lines 13, 14)
WTIFTM: In this case, that may not be true. It is important to note the IPR said ” ‘If’ the fire marshal’s determination is wrong. Because the IPR cannot conclude arson or accidental, it is very possible that the Fire Marshall was correct in his conclusion of arson, even though his methodology and foundation for determining that may have been in error. He may have, allegedly, bumbled his way into the correct conclusion. If arson, Willingham’s lies may have been properly identified, bumbles and all. While the IPR may have made a good case for flawed forensics, they cannot dispute that the fire may have been arson. Therefore, the conclusion of the Fire Marshall may be correct, even though the method of arriving at it, possibly, was not. Possibly, persistent patterns remained.
NOTE: we have, still, not seen the updated Corsicana Fire Department Report, if there will be one. I suspect there will be. Nor have we seen the report by the Texas Fire Marshal’s office, although we do have a statement from them that they will be standing by their expert, Vasquez’, report.
As I have, repeatedly stated, since August, do not make hasty decisions in this case. It has a long way to go.
1) Innocence Project Report: Cameron Todd Willingham http://homicidesurvivors.com/2009/10/26/innocence-project-report-cameron-todd-willingham/
2) http://www.innocenceproject.org/docs/ArsonReviewReport.pdf
3) http://www.innocenceproject.org/Content/2149.php