Sunday, October 04, 2009

Media Disaster - Rebuttal: Trial By Fire: Did Texas Execute an Innocent Man?

updated 6/2025

Is this the complete repudiation of journalism, by journalists?

Rebuttal of "Trial by Fire: Did Texas execute an innocent man?", 
by David Grann, The New Yorker, 9/7/2009: 

Cameron Todd Willingham: Media meltdown & the death penalty
by Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-4392113, CV at bottom

Preface: Sigma Delta Chi Award

I, just, found out, Nov. 2023, that David Grann ("Trial By Fire") won a 2009 Sigma Delta Chi Award, presented annually by the Society of Professional Journalists (SPJ) for excellence in journalism. 

How is it that Grann won the highest award for excellence in journalism? Because, no more, are there standards for excellence in journalism - no research, no fact checking, no vetting - zero - How? Why? 

My conclusion is that the "How?" is on purpose, as it has to be, with the "Why?" being that anti-death penalty promotion is more important than journalism.

SPJ (Grann, Polk), what are your answers?

Is this the complete repudiation of journalism, by journalists?

Let's look.

Summary: Competent Texas Fire Investigators

Since 2008, The Innocence Project of Texas, The Texas Forensic Science Commission and the Texas State Fire Marshal’s office have reviewed over 1,000 arson cases in which someone was held criminally responsible (1).

The findings, through 5/2019, 11 years:


1 case out of that 1000 has resulted in an exoneration based upon flawed forensics (2).


That is 0.1%. Keep that in mind.

Correction: They sent questionaires to 1000 imprisoned arsonists, requesting a reply, as to any innocent claims. Therefore, the 0.1% still stands.

Reason and the facts indicate that Texas had high standards, in 1991-1992 and forward, just as they did 2002 and forward.


"In the Willingham triple murder/arson case, a review of The Texas Forensic Science Commission report confirms that all fire forensic markers for arson, save one, may have been accurate, as determined by the original fire investigators (3)."


"None of the many conclusions for arson, with the exception of crazed glass, could be excluded from the assessments of the original Texas fire experts, the only investigators who examined the physical evidence." (3).

Even the crazed glass was accepted, at the time of their assessment.

You didn't know that? Credit media.

======
A Complete Compilation:
Cameron Todd Willingham: Media Meltdown & the Death Penalty
When Media & Anti-death Penalty Advocates Are the Same 
and
A Repudiation of Journalism, by Journalists?
The Society of Professional Journalists & The Sigma Delta Chi Award: 
======

"The later assessments, critical of the original investigation, had no access to any of the physical evidence from the fire, overlooked critical eyewitness testimony, as well as fact issues, and could not exclude arson (3)."


"Combining the forensic fire evidence with eyewitness testimony, inclusive of that by Todd Willingham, the case for arson is solid (3)." 


We, now, know, that Willingham wasn't stopping to save his one year old twins, Karmon and Kameron. Why not save his two year old Amber?  His intention was to murder her and them, not save anyone. That's the only credible explanation, confirmed by the statements of eyewitnesses, including Todd, as well as by trial witness Webb and Todd's parents.


After Willingham left the house, he had plenty of time and plenty of doors and windows to reenter, away from the fire, to save Amber. He had no intention of doing so. 

How do we know? Because he had every opportunity to do so and didn't - just as he did prior to leaving the house.

=====

Stacy Kuykendall, Cameron Todd Willingham’s ex wife:

“Todd set our house on fire then stood outside and watched it burn. He knew our three daughters (Amber Louise, Karmon Diane and Kameron Marie) were inside this home taking their last breath. He watched them die.”

“Before Todd was executed, he confessed to his family that he never went into the twins room to try and save them, that he had lied about it. Actually, he stood outside of our home as the house engulfed in flames knowing his three daughters were inside.”

“(Reporters) Mills, Possley (of the Chicago Tribune) and Grann (of the New Yorker) have all come to my home uninvited to ask me questions about my ex-husband. I told them all that I no longer believe that Todd was innocent, that he did murder my daughters and I did not want to talk about that which had to deal with him.”

”Stacy Kuykendall’s statement about the 1991 fire”, Fort Worth Star-Telegram, 10/25/09, http://www.star-telegram.com/texas/story/1709042-p3.html

NOTE: Yes, Stacy has provided some conflicting statements. Her final conclusion, after reviewing all the evidence, is that Todd murdered the children.

Then, she stated that he confessed to her that he murdered the children, during her visit with him:

"In the end (Todd) told me (on Jan. 31, 2003) why he took my daughters from me because I was divorcing him." "On February 2, 2004 I received a letter from (Todd) thanking me of allowing him to let him cleans his conscience in person. He said that it meant a lot to him and hoped that one day I could forgive him."

======
See SPJ's Code of Ethics, here:

A Repudiation of Journalism, by Journalists?
The Society of Professional Journalists & The Sigma Delta Chi Award: 
=====

NOW, LET'S REVIEW THE FICTION OF DAVID GRANN (WITH ZWICK'S)

The (May 2019) movie "Trial by Fire", directed by Ed Zwick, is based upon Grann's horrendous article.


=======

Reviewed at the bottom of this article, see "The Lost City of Z", another "true story" by Grann, also made into a movie, both of which are creative fiction, to be kind.
======

Preface

I could fantasize that David Grann was an objective reporter who made the solid, unbiased case for an innocent executed. 

Sadly, that ruse has already been used, around the globe, with editorial writers and journalists and other anti-death penalty activists, quoting extensively from Grann's article, with no fact checking, no vetting and absent critical thinking, as with the SPJ and Polk Award folks.

So, why not do something different?


I contend this: "David Grann, anti-death penalty activist/member of the defense team".


This is the nonsense that The New Yorker/Zwick/Polk/SPJ Award folks were impressed with.

Method: I list the page numbers from the article, followed by Grann's comments then, my REPLY.


Grann p 3 (Willingham) hollered, “Oh God— Amber, get out of the house! Get out of the house!’ ”He never sensed that Amber was in his room, he said. Perhaps she had already passed out by the time he stood up, or perhaps she came in after he left, through a second doorway, from the living room."


Sharp REPLY: Folks, think about this.


Todd stated that Amber was in the room with him, or any other of Todd's conflicting statements (below). Somehow, Grann overlooked that. 

Yep, she came into the master bedroom with feet, burned in the fire, somehow, impossibly, not encountering Todd in the hallway/bedroom, then tucks herself into Todd's bed, facing downward. 

Then we have this nonsense.

Grann says "Perhaps (Amber) had already passed out by the time (Willingham) stood up".


"Already". What, the millisecond it took Willingham to stand up, right after Amber, 2, screams woke him up? Grann, surely, you can't do much worse than that.


Let's buy Grann's nonsense. 

If Amber passed out, then and there, Amber is with Willingham in his bedroom, where Amber was found. There is no fire in that room. Willingham just leaves her. Amber, Karmon and Kameron, the twins, age 1, die, as per Todd and Grann.

They tell you that.

Who would leave their 2 year old to their own devices to get out of a burning house, right after the two year old passed out? No one, who wanted to save them.

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

So Todd leaves Amber, passed out, and she, later, gets up with burned feet, climbs into Todd's bed, tucks herself in, while facing downward.

Amber, and the twins, die. Todd, in one of his many conflicting statements said he did, exactly, that, he made no effort to save them and just left them to die.

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

Or perhaps, Willingham asked Amber to wait for him in his bedroom, where she was found, alive, but unconscious, because of smoke inhalation, while daddy went to save the twins. Then daddy skipped out of the house, instead. Amber and the twins die and we all know Todd could have saved Amber, at least, based upon Willingham's own statements, as both Grann and Zwick know.

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

Todd admitted he made no effort to save his children. He left them TO DIE.


In fact, Amber was found with burned feet, in Todd's bed, the master - Amber was face down in Todd's bed and tucked in. After Amber burned her feet in the fire, that Todd started, she came into the master, where Todd, kindly tucked Amber into the bed and then left her and the twins to die.


The fire never entered the master bedroom, for which there were four entrances/exits, always away from the fire, with all the time necessary to save, at least, Amber. Todd didn't. Why? He wanted to murder her, not save her.

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

========

See diagram of house & fire locations, page 176 on the computer counter


REPORT OF THE TEXAS FORENSIC SCIENCE COMMISSION WILLINGHAM/WILLIS INVESTIGATION APRIL 15, 2011

http://www.fsc.state.tx.us/documents/FINAL.pdf
which has become
======

According to witnesses, Todd made enough effort to save things from within the house, going in and out of the house, while the fire was burning, and to push his car away from the house, yet, somehow, just couldn't make an effort to save his children. 

Think about that. And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

======
(2009) "The second affidavit is from a neighbor who this month gave a statement about what he saw on the morning of the December 1991 fire. Tony Ayala told Corsicana police Detective Seth Fuller on Oct. 6 (2009) that he saw Willingham packing his vehicle and moving it out of the carport as smoke poured out of the house."


Why did Ayala wait? He didn't. "he tried to tell police in 1991 what he saw, but he was rebuffed."


Anti-death penalty folks/media complain that he isn't credible, because he waited too long.


He had no need to come forward. Willingham was arrested and convicted. He, only, came forward, in 2009, because of the media coverage regarding allegations of innocence.


His statement is similar to others that were there and supports the evidence of arson/murder.


Isn't it strange that anti-death penalty folks don't say we shouldn't trust folks who don't come forward, immediately, when they know a defendant/death row inmate is innocent, when there is an absolute moral obligation to come forward immediately? Those are the folks to be challenged, obviously.

No such moral obligation exists for someone who knows an arrested, convicted party is guilty.

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

======
Ex-relative: Executed inmate confessed to murders, October 16, 2009,

https://www.greeleytribune.com/news/local/ex-relative-executed-inmate-confessed-to-murders/
======

Firefighters rescued Amber, still alive. She died, later, in the hospital emergency room, from smoke inhalation.


I guess Grann thought those issues unimportant, as Grann (and Zwick/Polk/SPJ) as they went unmentioned. New Yorker/Grann/Zwick/Polk/SPJ for the defense.


Grann/Zwick just cherry picks, leaving out the large number of well known contradictory quotes from Willingham, as well as the large number of other eyewitness statements, all of which are important to any investigators, including forensic fire investigators, whose standards describe the importance of eyewitnesses.


One may wonder, how did The New Yorker/Grann/Zwick/Polk/SPJ avoid all of that? On purpose, of course. Ask them.


========

Here are huge numbers of contradictory statements made by Todd, wherein it is undeniable that he is lying and whereby he also makes statements, leading to the obvious conclusion of arson. Why can't Todd keep his story straight? Because he has lied so much he can't remember all the lies. Obvious.

Do you wonder why Todd wondered about how officials might find injuries to the children and because of that folks might blame Todd for the fire? Wonder no more:
read para 16 a-aa, pages 4-11; and para 17 a-f, pages 12-13; and para 18 a-h; pages 14-15; and para 19-23, pages 15-21 from
p 118-138 (as per computer counter), 
The Corsicana Fire Dept Response to Dr. Craig Beyler's Report Re: Willingham Matter, 9/29/2009, http://www.fsc.state.tx.us/documents/FINAL.pdf

All, obviously, viewed as unimportant by The New Yorker/Grann/Zwick/Polk/SPJ, et al but crucial to reality. They, all, had access to the witness statements, just like everyone.

Do they care? Likely, yes, which is why they avoided it.
===

Grann p 6 "Dozens of studies have shown that witnesses’ memories of events often change when they are supplied with new contextual information. Itiel Dror, a cognitive psychologist who has done extensive research on eyewitness and expert testimony in criminal investigations, told me, “The mind is not a passive machine. Once you believe in something—on you expect something—it changes the way you perceive information and the way your memory recalls it.”


Sharp REPLY: Grann presumes, without evidence, that some earlier statements, more sympathetic to Willingham, were more credible. Grann wouldn't speculate that folks reflected and said, later, hey, Willingham, in reality, acted suspicious. Or they always were suspicious. Grann, for the defense.


In fact, it is far worse than that, Neighbors tried to get Todd to go back in, to save his children, while the fire appeared quite small. He wouldn't.


Other facts, revealed, later, in Grann's article, found that the more suspicious the witnesses became of Willingham's behavior, the closer to the truth they were, as detailed.  

As with Grann's speculation on page 6, which was opposite the reality that Grann later revealed on page 16. Grann for the defense.

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

Maybe Grann could have looked up some studies on increased family violence during Christmastime and played up that angle.  Obvious.

Or what about the money issues at Christmas, non working dad, working mom. Poor. Has that ever caused stress within a family? Obvious.

 Have fathers "without motive" murdered their children under those circumstances? Or under much less stress? Obvious.

Or have father's with known, violent tendencies ever murdered their children? Obvious.

It's not uncommon for violent people to murder, with no motive. They're just mean. Obvious.

Could Grann so speculate? Of course not. Grann/Zwick/Polk/SPJ, et al, for the defense.


It's far from speculation, as likely, many of us know:


"Christmas is the most feared time of the whole year. Domestic violence rises significantly during the festive period. Not a year goes by when we don’t see a seasonal spike in incidents reported to the police." (5)  

"At times, it appears that fathers turn to murder when the pressures of life abound." "aren’t able to cope with the increasing demands" "lost his job" "failed to earn a living" "considerable financial strain" (6)  or when they want revenge against their wives (6).

Sound like Willingham? Of course.


Sounds just like Todd. But Grann wouldn't even consider it.

The New Yorker/Grann/Zwick/Polk/SPJ, et al for the defense. How? Why?

===

Presented at Todd's trial, in the punishment phase

Todd's Character/criminal issues

Appellant was verbally and physically abusive toward his family. 

One time he beat his pregnant wife in an effort to cause a miscarriage. 

A friend of appellant's testified that appellant once bragged about brutally killing a dog. 

Fellow inmate (Webb) stated that Todd purposely started this fire to conceal evidence that the children had recently been abused.

Record of Criminal activity

April 1986: Carrying a Concealed Weapon and Public Intoxication Punishment
May 1986: Entering a Building with Unlawful Intent and Contributing to the Delinquency of a Minor (supplying paint for sniffing to a twelve-year-old child)
May 1986: Second Degree Burglary
November 1986: Two counts of Contributing to the Delinquency of a Minor (supplying paint to a twelve-year-old child and an eleven-year-old child)
April 1987: Grand Larceny
November 1988: Driving Under the Influence of Liquor and/or Drugs (substance was paint)
February 1989: Shoplifting

thereafter:

December 1991: arson/murder, three counts

Avoided by The New Yorker/Grann/Zwick/Polk/SPJ, et al? How? Why?
=======

Grann p 9 "In recent years, though, questions have mounted over whether the system is fail-safe. Since 1976, more than a hundred and thirty people on death row have been exonerated. DNA testing, which was developed in the eighties, saved seventeen of them, but the technique can be used only in rare instances."


Sharp REPLY: I know of no one that thinks any government programs are failsafe. Does Grann? Of course not. He is just using it as sarcasm, so he can trample it.

Does The New Yorker/Grann/Zwick/Polk/SPJ, et al? Of course not.

But Grann did buy it, hook, line and sinker, that anti-death penalty claims are failsafe. Why? Because Grann only wants to show how fallible the death penalty is. It may be false, but, it's good anti-death penalty theater. 

Polk/SPJ bought it, hook, line and sinker. Why? My interpretation? They wanted to. Yours?

The anti -death penalty, non-fact checked literature told Grann/Zwick what they wanted to hear, so, why fact check or vet it? Credibility? What for? The New Yorker/Grann/Zwick/Polk/SPJ, et all, anti-death penalty activists. Why else?


Many reporters, blindly parrot these same anti-death penalty morsels of nonsense, below A-E, without fact checking nor vetting . . . often, the norm, as herein.

So travels Grann, as detailed:

(A) Grann says "Since 1976, more than a hundred and thirty people on death row have been exonerated."


It's total nonsense.


In 2005, New York Times justice reporter Adam Liptak (now US Supreme Court) found the death row innocence claims to be 71% false (7), that being 92 false claims of Grann's 130 claimed "exonerated", which equals 38 proven innocent, or 0.6%, all of whom have been released. The false claims of death row innocence range from 71-83% (8).


(B) On the DNA front, Grann says DNA "saved" 17 death row inmates. 

Grann wants us to believe those 17 would have been executed, absent that DNA exclusion. Total nonsense, of course.

8-9 of those 17 had already been taken off death row, prior to the DNA exclusion.

Those were "saved" prior to DNA testing. Grann works the good anti-death penalty drama. But, accuracy? 40% of death row inmates are removed from death row, by appeals or commutation.

======

Exoneration by DNA? Not.

I have only looked at one of those actual death row DNA "exonerations", Curtis Edward McCarty.

Just one and this is what I found:

Guess what? All the anti-death penalty "exoneration" sites, leave this out:


The case for McCarty's guilt is substantial, as the courts confirm, as per


McCARTY v. GILCHRIST, United States Court of Appeals,Tenth Circuit. Curtis Edward McCARTY, Plaintiff–Appellant, v. Joyce A. GILCHRIST, in her official capacity; William Citty, Chief of Police, City of Oklahoma City, in his official capacity; City of Oklahoma City, Defendants—Appellees. No. 09–6220. Decided: July 14, 2011
downloaded 4/14/2019

Note that all of the guilt assertions, from the above Court decisions, are left out of both the Innocent Project and The National Registery of Exonerations, see here
https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=3418 
and here
https://www.innocenceproject.org/cases/906/

last viewed 4/29/2019

One of the reporters, mentioned by Todd's ex-wife, Stacey Kuykendall, above, from her quotes, is Possley, now a researcher for The National Registry of Exonerations.

I am a researcher, as well. 

What are the chances that I looked at the only DNA "exoneration" case with evidence of guilt?  Zero?   . . . in this context - the "innocent" and "exoneration" claims from death row are 71-83% false, as detailed (8).

My informed opinion is that the IP and the NRE, intentionally, leave out such information or they have very bad researchers or both. Ask them?

Ask NRE and IP how many of their exoneration cases were denied compensation based upon evidence of guilt and/or the absence of evidence for innocence?

Consider the huge omissions, here:

Myths and Facts about the Willingham Case, The Innocence Project, News, 11.09.09
https://www.innocenceproject.org/myths-and-facts-about-the-willingham-case/

Omissions which I exposed within this paper or others, as provided.
======
In addition, about 13% of all death row inmates have been executed. About 44% have been removed from death row for other reasons, meaning death row inmates are 338% more likely to be removed from death row by reasons other than execution.

Grann, do you need proof, evidence and fact checking/vetting to make claims?

Isn't that, allegedly, what your article was concerned with? Oh well. Grann, anti-death penalty activist.

Grann may have speculated that innocents are more protected with the death penalty than they are with lesser sentences. But, why would an anti-death penalty activist so speculate? He wouldn't, of course. But, it's true (9).

The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

===

Grann p 9 (C) In 2000, after thirteen people on death row in Illinois were exonerated, George Ryan, who was then governor of the state, suspended the death penalty.


Sharp REPLY: Why can't Grann fact check and tell us how many of those 13 "exonerated" are actually innocent? Maybe there is a reason why. The 13 were not "exonerated" (10).


Anti-death penalty folks/groups have, simply, redefined "exonerated" and "innocent" as if they had redefined lie as truth and then stuffed a bunch of cases into those fraudulent definitions (8). This is not in dispute, for anyone that fact checks and vets.


Grann/Zwick, anti-death penalty activists.


===

Grann p 9 (D) In 1993, Ruben Cantu was executed in Texas for fatally shooting a man during a robbery. Years later, a second victim, who survived the shooting, told the Houston Chronicle that he had been pressured by police to identify Cantu as the gunman, even though he believed Cantu to be innocent. Sam Millsap, the district attorney in the case, who had once supported capital punishment (“I’m no wild-eyed, pointy-headed liberal”), said that he was disturbed by the thought that he had made a mistake.


Sharp REPLY: Grann, Fact checking/vetting would be nice. Oh, well.

 The only pressure was for Moreno to identify the man who murdered Moreno's best friend and almost murdered Moreno. The police had nothing on Moreno to pressure him (11). Grann for the defense.

(E) Instead of playing the bluff, using Grann's imaginative style of reporting, aka story-telling, where Grann wrote that Millsap "thought he had made a mistake.", why not be a little less nebulous and suggestive. 

How about - One could safely call Millsap an anti-death penalty activist, who had radically changed his statements on Cantu. Explain that Millsap has gone from Cantu was innocent to, well, maybe he didn't get adequate due process, or various versions of that. Grann wasn't trying to get us to imagine that Millsap thought Cantu was actually innocent, was he? Millsap "thought he had made a mistake."

And Grann left all of that out because . . . he only had 17 pages for his article?

======
The Death Row "Exonerated"/"Innocent" Frauds 
 71-83% Error Rate in Death Row "Innocent" Claims, 
Well Known Since 1998
=======

Why did Grann stick all of these anti-death penalty "innocence" deceptions (A-E) into his article? 

It was to influence the reader into turning them toward an "innocent" Willingham. It was setting the stage. 

But, it was fiction, just like the Zwick film will be, based upon Grann's article, just as the other Grann "true" story made into another fictional film, below.

And the invisible fact checkers at The New Yorker/Grann/Zwick/Polk/SPJ?

NOTE: I sent a fact checking inquiry to New Yorker on these on 9/4/09, to fiction@newyorker.com, shouts@newyorker.com, newsbreaks@newyorker.com, themail@newyorker.com. Then on 9/14-09, I sent to the same group with Grann, added.


So far (up to 11/2023), no reply nor correction. Why? Guess. Ethics?


===


Grann p 15 Without having visited the fire scene, (fire expert Gerald) Hurst says, it was impossible to pinpoint the cause of the blaze. But, based upon the evidence, he had little doubt that it was an accidental fire—one caused most likely by the space heater or faulty electrical wiring.


Sharp REPLY: "IMPOSSIBLE." and "little doubt" go together for Hurst. Keep that in mind.


The gas had been turned off at the Willingham home, four days prior to the fire. This, of course, has no effect on Hurst claiming that it is possible that the gas space heater could have caused the fire.

NOTE: As of 6/9/2025, there is a question as to whether the gas was turned off. I am working to answer that question.

Hurst provides for the impossible to be a source of the fire. That is what we are dealing with, here, with Hurst.

Did Hurst examine the electrical wiring? Of course not.

Keep in mind that Hurst has stated that he can never exclude arson. Never.


"Impossible" to pinpoint. But, "(Hurst) had little doubt it was an accidental fire". "impossible to pinpoint the cause". But, Hurst says it's "most likely" that "the space heater or faulty wiring" was the cause.


Is "most likely" or "little doubt" scientific, or is it a game of chance, where 20% doubt is little doubt or "most likely" means 51% likely? Dr. Hurst?


How does "IMPOSSIBLE" reconcile with "little doubt" or "most likely" the space heater or the electrical wiring reconcile, scientifically? They don't reconcile.


Hurst's scientific method? Clairvoyant? Soothsayer? Junk Science?


Dr. Hurst, would that be a 26% vote for space heater, 25% for the electrical wiring and 49% for arson? That would give the space heater and electrical wiring a 51% "most likely", over the "less likely" 49% for arson.


Or are we looking at 34% for heater, 34% for wiring and 32% for arson?


Dr. Hurst, which junk science method works best?


The gas was turned off 4 days prior to the fire. What does that do for Hurst's "most likely", if true? Dr. Hurst? wiring 51%, arson 49%. "IMPOSSIBLE?" "Scientific Guess?"


Let's go back to the criticism of the state "experts" at trial, that imagination, opinion based upon fantasy/bad science and faulty judgement were their calling cards. You know "more likely than not" "most likely". Not science.


The state arson experts agreed that the fire was not caused by either the space heater or the electrical wiring. 


Has anyone contradicted their testimony on that topic, based upon the facts? Of course not. They cannot. It would be "Impossible."

But they're happy to act as soothsayers. The fire has told them a story - it was the wiring or the space heater.

We know the original fire investigators were 100% correct on the space heater and Hurst 100% wrong.

Furthermore, two of the state experts, Fogg and Hensley blast the conclusions of the forensics report by Beyler (12).


There are 3 forensic reviews, highly critical of the courtroom testimony, The reviews are Hurst, Innocent Project and Beyler. Briefly, they say, that the trial testimony was false, that arson could not have been detected, based upon the flawed knowledge of the trial's fire "experts" and that flashover may have caused the arson evidence, if any, to become indistinguishable from a non arson fire.


Nothing could be further from the truth, as detailed, throughout and at (13).


Fogg:    "A lot of this stuff (in Beyler’s report) is misspoken or misinterpreted,” Fogg said. “We eliminated all accidental causes.” "Beyler acknowledges that one sample did have accelerant in it, but said it was unidentified, a claim Fogg disputes.""Beyler theorized it was a flashover, and said investigators didn’t see the difference between the intense heat of a flashover and an accelerant-driven fire.""Fogg laughed at the notion." " If it had been a flashover, it would have taken out the thin layer of sheetrock on the walls, he argued." “That house was box construction,” Fogg said. “The only sheetrock that came down was what was hit with water. The paper backing wasn’t even scorched.”


Hensley:   "For Hensley, the most damning evidence came from Willingham, who told officers that 2-year-old Amber woke him up. Firefighters later found her in his bed, with burns on the soles of her feet." " Yet, Willingham didn’t take the girl with him when he fled, nor did he receive burns walking down that same hallway, Hensley pointed out." "Willingham “had no more (carbon monoxide) than somebody who had just smoked a cigarette,” Hensley said. "Hensley has since become a certified arson investigator. In hindsight, he insists they took the right steps with the evidence in the Willingham case." “We did everything we were supposed to do,” he said.


"Hensley also dismisses Beyler’s report, pointing out that Beyler didn’t talk to the investigators, and reading the testimony can’t replace first-person observations." “You can find expert witnesses everywhere, and if you pay them enough they’ll testify to anything,” Hensley said. “They’re to be bought.” “You can’t just look at a little part. Look at the whole picture, and that’s what the jury did,” Hensley said. “If a 2-year-old wakes you up and there’s smoke and fire everywhere, aren’t you going to at least get that one out? It couldn’t possibly have happened the way (Willingham) said.” "Willingham’s behavior afterwards did not help his case. Todd Morris was the first police officer on the scene and he found Willingham trying to push his car away from the house to save it from the fire, while his children were inside burning up, Hensley said."

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

======
Rebuttal to Craig Beyler:
The Corsicana Fire Dept Response to Dr. Craig Beyler's Report 
Re: Willigham Matter, p 118-138 (as per computer counter) , 9/29/2009, from Report of the Texas Forensic Science Commission: Willingham/Willis Investigation, 4/15/2011,

Cameron Todd Willingham:
Have you read the Beyler report? (2) It could, hardly, be worse.
======

Grann/Zwick, could Fogg and Hensley have been important for your article/movie? For Polk/SPJ? Of course not, they don't help the case that Grann was presenting. Grann/Zwick for the defense.


Grann/Zwick, try reading this:


"No doubts: Those closest to case shed no tears for Willingham"

http://prodpinnc.blogspot.com/2017/08/cameron-todd-willingham-guilty.html

Hurst said it was IMPOSSIBLE to pinpoint the origin of the fire. For him, of course. He never saw the evidence.


Impossible means, of course, the fire could have been arson or could have been accidental, according to Hurst.


Grann/Zwick couldn't understand that such is what "IMPOSSIBLE" means. Grann/Zwick for the defense.


As Gerald Hurst states: “I never had a case where I could exclude arson,” “It’s not possible to do that.” ("Family’s Effort to Clear Name Frames Debate on Executions", John Schwartz, New York Times, October 14, 2010, \http://www.nytimes.com/2010/10/15/us/15execution.html?_r=1)

Grann/Hurst left that out of the story. 

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

======
How full of BS is Hurst? 

While Grann's article stinks up Hurst, quite a bit, we have this as well.

Hurst stated that the Texas Gov's mansion fire was, most likely, not an arson fire. Hurst, of course, was never at the scene and knew nothing. Hurst stated that since it appeared the fire started on the second floor than no arsonist would do that and that Fire Marshal Maldanodo may have jumped to the wrong conclusion that it was, likely, arson, even though Maldanodo and other arson experts had been at the scene. Hurst thought it more likely it was construction related, starting on the second floor."The ancient electrical system may have caught fire, Hurst said. Or workers might have carelessly  left something unsecured."  Governor's Mansion arson theory doesn't hold water, Bud Kennedy, Ft. Worth Star-Telegram, 6/08/2008

Irresponsible, blind speculation, with zero evidence, as per Hurst.

You ready?

There is a videotape of the arsonist throwing the molotov cocktail onto the first floor porch of the Gov's mansion.

A pattern?

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

Commutation/delay request

Hurst was the fire expert who put together the evaluation of the arson evidence, for Willingham's attorney, hoping for a commutation or delay of execution, after review by the Texas Pardons and Parole Board. 

After conviction, the burden of proof switches to the convicted party. 

Hurst did not and could not rule out arson and many of his observations, on specific signs for arson, Hurst could not exclude it. 

As Hurst well knew, eyewitness observation and statements can be and, often, are crucial to fire investigations and are a well-known requirements in forensic investigation, when applicable.

Hurst, intentionally, left out all of that crucial information, making it obvious that neither Hurst nor Todd's attorney could overcome that very important evidence, which is why it was not presented, within Hurst's forensic evaluation. 

Such stood out, clearly, to the TBPP, Gov. Perry and many others.

That combination guaranteed a unanimous denial, which is what occurred.

The media ignored those important details.

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

See Hurst's report, pg 318-322 (computer counter) from final report.

======

Grann p 15 It explained why there had never been a motive for the crime.


Sharp REPLY: Nonsense. First, vile people don't need a motive. It is who they are. Research fathers who murder their children. Lots of material. Research?

But, there was motive:

One alleged motive was that Stacy had told Todd, the night before, just as she had, weeks, before, that she was divorcing Todd and that he murdered the children to hurt Stacy or so that she would be so distraught that she wouldn't be able to leave him. 

Another was presented by Todd, who mentioned bruising on Amber's neck, a sign of abuse, which might have been covered up by a fire. And that was Todd's speculation.

Have father's with known, violent tendencies ever murdered their children? It's not uncommon for violent people to murder, with no motive. They're just mean. Grann? Motive? Grann, for the defense.

Refer to my page 6 REPLY, above. Obvious.

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

===


Grann p 15 (Gerald) Hurst concluded that there was no evidence of arson, and that a man who had already lost his three children and spent twelve years in jail was about to be executed based upon “junk science.”


Sharp REPLY: Hurst just finished his own long acceptance of junk science, with Hurst, Grann and Zwick, somehow, completely, unaware? Of course not. 

Arson could not and was not excluded. And we know that Hurst stated that he could never exclude arson.

Of course, there was evidence of arson. 

An accelerate was found in the front hall, under the door jam, with the hall fire connected to the fire in the children's room, the only two areas of the house where there was a fire.  

In addition, the large burn pattern on the floor in the children's room very much appears to be an accelerate fire, as with the hallway, but an accelerate could not be found, but is a solid explanation for the burn patterns. 

Scientific identification of accelerates was much more difficult at the time of the fire, than it is today, as detailed. Research?

Todd made sure that everyone knew that he had poured his cologne throughout the burn areas, as a way to explain any accelerate found. His excuse was that the children liked his cologne so that he was spreading it where they died.

Yep. Really.

Who would, allegedly, believe that nonsense? Anti-death penalty folks, who will do anything to make a guilty, executed murderer of three children innocent. 

In addition, the eyewitness evidence, inclusive of Willingham's, strongly, supports arson.


Remember "Without having visited the fire scene, Hurst says, it was IMPOSSIBLE to pinpoint the cause of the blaze." As Hurst admitted, he hasn't, ever, been able to exclude arson.


The trial testimony of the arson "experts' was not junk science.  It met the standards of the day (13) and, they assert, and some future standards, as well, as they assert (14). Today, with all of this additional knowledge, they still support arson, with all the known evidence.

A 2014 inquiry of 1000 Texas arson cases, of convicted arsonists, still in prison, may have found one actual innocent with poorly done fire forensics - 0.1% (1,2). 

Texas did know and does know what they are doing.

Did anyone notice that the state experts agreed in their testimony that there were alternate scenarios for the fire and alternate possibilities for the arsonist, but that they both believed Willingham to be the arsonist? 

 The jury heard the state arson "experts" state that there were alternate scenarios for the fire, that it may not have been arson, and that anyone could have set the fire.

Yet, those arson "experts" and the jury, with the knowledge of all of the alternate possibilities, still found for Willingham's guilt. 

Now, speculate that there was a reason for that. No need for speculation, And those reasons were covered at trial and Grann/Zwick/Polk/SPJ "missed" them. How?

Grann/Zwick/Polk/SPJ, et al for the defense.

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

NOTE: I had not read the trial transcript, at the date of original publication but, soon thereafter, did.


======

Allegation: Prosecutorial Misconduct
District Attorney John Jackson cleared in "Trial By Fire" case (2017)

Kerri Anderson Donica, Criminal Defense Attorney, who testified: “I’ve never known a man with more integrity than John Jackson. I said in my testimony if they needed to take his law license, they could take mine too. I believe in him that much, and obviously the jury agreed.”  

Robert Hinton of the Innocence Project said himself that Webb’s testimony was a “sociopathic story,” and that Jackson is a man of “high character.”
======

Grann p 16 Earlier, (Willingham) had confessed to his parents that there was one thing about the day of the fire he had lied about. He said that he had never actually crawled into the children’s room. “I just didn't want people to think I was a coward,” he said. 

Hurst told (Grann), “People who have never been in a fire don't understand why those who survive often can't rescue the victims. They have no concept of what a fire is like.”

Sharp REPLY: There was no fire where Amber was, ever. Hurst and Grann/Zwick/Polk/SPJ, et al for the defense.


Neither Hurst nor Grann has evidence that Willingham did not set the fire and murder his children. Period.


Let's review:


Willingham's confession is the closest Willingham could get to admitting he murdered his children. He didn't try to save them. He made up why he had burns.

Amber, Willingham's two year old, only had burned feet. She was found in a different room than the twins. She was in the master bedroom with Willingham when she "woke" him because of the fire, as told by . . . Todd Willingham.

Willingham had the opportunity to grab Amber and take her out of the house, with him. 

If we use Grann's speculation, maybe Amber passed out in Willingham's bedroom, with her dad, and he just left her there. 

Remember, the only reason Willingham gave, that he left Amber, was that he told Amber to get out, as Willingham tried to save the twins - he was crawling on his hands and knees to get the twins.

But, we know Willingham lied. He told us he never did that.


He simply abandoned Amber in the fire, along with the twins. Why? Because he had no intention of saving them. His intent was to murder them. Obvious.


Amber was found, un-burned, except for her feet, in the master bedroom, alive, face down, with the covers tucked around her shoulders. She later died of smoke inhalation. The fire never entered the master bedroom or the back of the house.


We will never know how much time Willingham had to save all of his children. But we do know, he never tried and, easily, could have saved Amber, based upon his own statements.


Why didn't Willingham just grab Amber, run down the hallway and exit the house? Or go out the four exits, away from the fire, with Amber? She was alive when he left her. Maybe the twins were alive, too.


We, now, know, that Willingham wasn't stopping to save the twins. Why not save Amber?  His intention was to murder her and them, not save anyone. That's the only credible explanation, confirmed by the statements of eyewitnesses, including Todd.


After Willingham left the house, he had plenty of time and plenty of doors and windows to got into where there was no fire, to, at least, save Amber. He had no intention of doing so. How do we know? 

Because he had every opportunity to do so and didn't.

Willingham's intention was to fabricate a heroic father, with burns, screaming and yelling, when an audience was there. "I have to save my children."


Of course, we know, from multiple witnesses, who tried to get Todd to save his children that he just sat there, watching them burn.

He, later admits, he was never going into that house, not even at the beginning of the fire, not even when most of the house had no flames - which was the entire time of the fire.


No wonder he had no signs of smoke inhalation.


He is yelling and screaming, handcuffed to the fire truck, the desperate father, straining to get into the flames to save his babies. It was all a conscious, deliberate deception.


He says he had no such intentions of ever saving his children because he was a coward. 

No, he was a murderer.

As his children are burning up, Willingham has the foresight, calmness and grotesque callousness to create an entire drama, a complete fraud and Willingham admitted it.


How about this? Willingham had no intention of rescuing his children because he was a murderer, not a coward.


Why couldn't Grann make such a speculation? It doesn't help the defense or the anti- death penalty position. Basic.


Maybe my informed appraisal is just based upon "I have little doubt" or "most likely", you know, like Gerald Hurst's.

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

(Note: I have emailed Hurst, twice, for clarification on his comments. So far, no reply. NOTE, Hurst is dead now and never replied. Why? Speculate. The same reason the New Yorker and Grann did not respond, just like the Polk Award folks. and SPJ?)


===


Grann p 17 "Just before Willingham received the lethal injection, he was asked if he had any last words. He said, “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 twelve 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.”


Sharp REPLY: How profound. Do you think Grann left the following out on purpose?


Before Willingham received the lethal injection, he addressed Stacy Kuykendall, his ex-wife and mother of the three children he murdered, who was watching about 8 feet away through a window.


What did Grann, intentionally, leave out?


Willingham said "I hope you rot in hell, bitch; I hope you fucking rot in hell, bitch. You bitch; I hope you fucking rot, cunt. That is it." 

According to the AP, Todd attempted to maneuver his hand, strapped at the wrist, into an obscene gesture.

Leaves you with a slightly different impression. Doesn't it? 

Or what Grann didn't want you to know. Voila! Leave it out! Solid reporting! An award winner!

Grann/Zwick, for the defense. Maybe the whole article was written that way. Maybe? Please.


But worldwide media and anti-death penalty activists (often the same) bought into it, with no fact checking and no vetting. Why? Only to dupe you.


Is that possible? Likely? Sure? Guaranteed.

Found deserving of Polk and Sigma Delta Chi Awards.

How does that work?

And The New Yorker/Grann/Zwick/Polk/SPJ, et al missed that? How? Why?

In Closing

The complete repudiation of journalism, by journalists.

======
600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
 ======

FN
1) DEATH BY FIRE Texas Arson Review Yields A Handful of Questionable Cases, GRETCHEN GAVETT , PBS Frontline, AUGUST 10, 2012 / by
2) Texas Fire Marshal Speaks about Arson Case Review, By Innocence Project Staff, 02.08.17
https://www.innocenceproject.org/texas-fire-marshal-discusses-arson-case-review/

NOTE: These were cases 2002 and after, which was 4 years prior to the Innocence Projects inquiry into the Willingham case. 


3) Cameron Todd Willingham: Guilty By Forensic Science
https://prodpinnc.blogspot.com/2019/04/cameron-todd-willingham-guilty-by.html 

5) “It’s the hardest time of year: why domestic violence spikes over Christmas   ", MAYA OPPENHEIM, Austin American-Statesman,  22 DECEMBER 2015,  
http://www.newstatesman.com/politics/welfare/2015/12/it-s-hardest-time-year-why-domestic-violence-spikes-over-christmas

6) Deadly Dads: Some of the Shocking Reasons Fathers Kill Their Own Children, The Forensic Outreach Team, 2016, 
http://forensicoutreach.com/library/deadly-dads-some-of-the-shocking-reasons-fathers-kill-their-own-children/

7)  Liptak: "To be sure, 30 or 40 categorically innocent people have been released from death row," (NY Times, 1/23/05),  At the time of the article, there were 119 listed on the Innocence List (fn 13)  35 innocent, as per average by Liptak, means a 71% error rate with the 119.  From 'The Death of Innocents': A Reasonable Doubt, by Adam Liptak, NY Times, JAN. 23, 2005

8)  The Death Row "Exonerated"/"Innocent" Frauds 
 71-83% Error Rate in Death Row "Innocent" Claims, 
Well Known Since 1998

9) The Death Penalty: Saving More Innocent Lives
and
Deterrence, Death Penalties & Executions
https://prodpinnc.blogspot.com/2019/04/deterrence-death-penalties-executions.html  

10) Some of the reviews within the Kinsella article are very incomplete, dated and in error. However, the point is that 13 were not exonerated. And Grann just used it, anyway.


"The Death Penalty Debate in Illinois", JJKinsella, 6/2000,

http://www.dcba.org/brief/junissue/2000/art010600.htm

11) Ruben Cantu: In the Matter of Juan Moreno: Investigation Relating to The State of Texas v. Ruben Cantu, Cause No. 85-CR-1303, 6/26/2007
https://deathpenaltyinfo.org/files/pdf/ReedCantuRpt.pdf

12) Rebuttal to Craig Beyler
from The Corsicana Fire Dept Response to Dr. Craig Beyler's  Report Re: Willigham Matter, p 118-138 (as per computer counter) , 9/29/2009,

from


Report of the Texas Forensic Science Commission:

Willingham/Willis Investigation, 4/15/2011,
http://www.fsc.state.tx.us/documents/FINAL.pdf

13)  State Fire Marshall's Office (SFMO) Response to Texas Forensic Science Commission Inquiry , page  215-216 (as per computer counter)


Texas Department of Insurance, State Fire Marshall's Office, Paul Maldonado, State Fire Marshall, , August 20, 2010, pages 212-213,


Texas Fire Foresics Standards (1991) Used in Willingham Case, as compared to the 1992 and 1995 NFPA Standards, page 215-216 (as per computer counter)

Attachment A, SFMO Investigation Report and NFPA 921

(All NFPA references are to 1995 edition because it is even more comprehensive than the original 1992 version. However, 1992 citation is noted in brackest [ }, if available.)

from
Report of the Texas Forensic Science Commission:

Willingham/Willis Investigation, 4/15/2011,

and

Rebuttal to Craig Beyler:
The Corsicana Fire Dept Response to Dr. Craig Beyler's Report 
Re: Willigham Matter, p 118-138 (as per computer counter) , 9/29/2009, from Report of the Texas Forensic Science Commission: Willingham/Willis Investigation, 4/15/2011,

Cameron Todd Willingham:
Have you read the Beyler report? (2) It could, hardly, be worse.
===

 "The Lost City of Z", a
nother fictional "true story", also by David Grann, the same author who wrote "Trial by Fire".

One of the world's true great explorers, John Hemming, reviews David Grann's "The Lost City of Z". See the full review, here (2).


"The new film "The Lost City of Z" is being advertised as based on the true story of one of Britain’s greatest explorers.", a "true story" authored by David Grann.


"Unfortunately, Grann hyped ("The Lost City of Z") out of all proportion and wrongly depicted Fawcett as a great explorer."


"(Grann) let his imagination run riot . . . "Everyone who knows tropical forests, including me, knows that almost every word of (this section by Grann) is nonsense."


"Calling (Fawcett) one of our greatest explorers . . .  is an insult to the huge roster of true explorers. Had the advertisement been about a soap powder, it would fall foul of the Trade Descriptions Act."


"These and a great many other passages (by Grann) are artistic licence and hype of an absurd order. Hollywood believed everything Grann wrote, and then hyped it up more."


"Fawcett admitted that he was ‘a greenhorn in the jungle’ and knew nothing about nature." "But Grann wrote that he moved ‘inch by inch through the jungle, tracing rivers and mountains, cataloguing exotic species… [until] he had explored as much of the region as anyone’.


"Not a word of this (section) was true, either."


"Equally absurd was (Grann's) rubbish about cannibalistic tribes, blow guns with poisoned darts, or Kuikuro menacing him with ‘gleaming spears flickering’ from the undergrowth."


"In fact, (Fawcett) was a racist incompetent who achieved very little."


A "true story"? Sound familiar?


===========

NOTE: The final chapter in this case is, nowhere, close to being concluded.

(1) "Trial by Fire: Did Texas execute an innocent man?", by David Grann, A Reporter at Large, The New Yorker, September 7, 2009

http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann

2) "The Lost City of Z is a very long way from a true story — and I should know", John Hemming, The Spectator, 1 April 2017, https://www.spectator.co.uk/2017/04/the-lost-city-of-z-is-a-very-long-way-from-a-true-story-and-i-should-know/


======


RELATED INFORMATION


The Innocent Frauds: Standard Anti Death Penalty Strategy

and
THE DEATH PENALTY: SAVING MORE INNOCENT LIVES
http://prodpinnc.blogspot.com/2013/04/the-innocent-frauds-standard-anti-death.html

UPDATE: Jury rules in Jackson's favor in civil judicial-misconduct trial
By Michael Kormos and Deanna Kirk, Corsicana Daily Sun May 12, 2017
 
======
600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
====== 
======
 
Additional research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone.  
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
7 pro-death penalty experts, herein
======
 
Partial CV

Friday, October 02, 2009

Liebman's "A Broken System" - A Broken Study

James Liebman's "A Broken System" Is A Broken Study
From: Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, Houston, Texas, CV at bottom

"A Broken System", by James Liebman, published in 2000, found a 68% error rate in US death penalty cases, from 1973-1995 (1).

NOTE: "Error" rate is in regard to legal issues, not the error of conviciting actually innocent people to death row.

Based upon a neutral source, the overturning error rate, for that period, is 30% and, likely, lower (2).

Of the 5555 sentenced to death, from 1973-1995, the period of the study, 1648 cases, or less than 30%, were overturned because of some error in conviction or sentence (2).

Even the 30% is too high, based upon the Reviews, below, as some of those "error" cases (1) were overturned because of either new legislative or case law that didn't exist at the time of the trial or (2) were reversed upon final appeal and had their death sentence reinstated or (3) were improperly included as reversed by error, all of which should have exclude them from being listed as reversed by error within James Liebman's study.

With all those cases excluded, it would be surprising if the error rate was more than 25%.

How could the author have made such blatant errors? He is an anti death penalty defense attorney/law professor.

I looked at the 2005 BJS Capital Punishment database (3) of all death penalty cases, from 1981-1985, which all had 20-25 years of appeals. Of the 1288 sentenced to death, 560 were overturned because of conviction or sentencing errors, or 43%, minus any "new law" and any reinstated death penalty cases. (3)

Still, very high, indeed, but, likely, still 40-50% lower than the 68% claimed in "A Broken System", maybe lower, when removing all the improper "error" cases

In addition, sentences are overturned at twice the rate of convictions, 20% vs 10% (4) , which, in context, likely, tell us more about the bias of many judges against the death penalty (5) , more than it does about errors in sentencing. The judicial bias against the death penalty in states such as Pennsylvania and New Jersey is, or was, respectively, blatant.

Some examples of the criticism of James Liebman's "A Broken System".

Pennsylvania review:

"(A Broken System") counts cases thrown out when the United States Supreme Court overturned all existing death penalties in the 1970's. He also counts cases that were reversed on appeal, even if that reversal was itself reversed on further appeal, reinstating the original conviction. Obviously, none of these reversals says anything about the fairness of the current administration of capital punishment." (6)

NOTE:  629 cases were "thrown out when the United States Supreme Court overturned all existing death penalties in the 1970's", none of which can be counted as error within Liebman's report.  During the 1973-1995 period, 489 death row cases were overtuned because of statute problems, not errors in conviction or sentencing (4)

Florida Review:

"Using the authors' misleading definition, the "study" does, however, conclude that 64 Florida post-conviction cases were rife with "error" - even though none of these Florida cases was ultimately resolved by a "not guilty" verdict, a pardon or a dismissal of murder charges." " Indeed, in more than a third of the 64 cases cited by the "study," the death sentence was reimposed, while in other cases the State agreed to accept a plea of life to spare the families of victims the trauma of additional court proceedings. These cases should not be included in a true "error rate" analysis, and if factored out, would show far less "error" in post-conviction cases than the "study" suggests." "(The study) may leave readers with the false impression that Florida put the wrong individual away for an offense, when no such claim is supported by competent evidence." (7)

Note: In Florida, it appears, "A Broken System" may have made errors in excess of 40%.

Nevada review:

"Death penalty records are kept by the Nevada Supreme Court, Attorney General, Department of Prisons, 17 district attorneys and 17 court clerks, yet Liebman got his from criminal defense attorneys (who apparently reported their wins, but not their losses) and the NAACP Capital Punishment Project (whose agenda is the abolition of the death penalty)." "Second, it appears Liebman picked and chose his cases, tailoring the study to get certain results. He took cases from 1973-1995 for some results; 1993-1995 for other results; and 1973-April, 2000 for others. He used only published opinions for some results, but used unpublished opinions for others. He used only Nevada Supreme Court or federal appeal cases for some results, but added lower state court cases to increase reversals. Liebman didn't count all Nevada cases. He excluded killers who discontinued their appeals. (He presumed they did so due to frustration with the system, not because they were proved guilty and accepted it.) Incredibly, he didn't even count the eight men executed in Nevada since 1977!" (8)

NOTE: Could "A Broken System" be that misleading?

Philadelphia Deputy District Attorney Ronald Eisenberg;

"The refusal to share underlying data with researchers is particularly troubling in light of the media misrepresentation of Liebman as a neutral professor heading a Columbia University study. In truth, Liebman maintains an active criminal defense practice, and has been litigating against the death penalty since long before he became a professor. His study was funded in large part by a grant from the anti-capital punishment Soros Foundation, with the stated purpose of "find[ing] effective ways to curb the [death] penalty's use." (Preface to Latzer and Cauthen article) (9)

"Upon our request, Prof. Liebman (the primary author) declined to release his data to us. We therefore could not examine the cases or verify the decisions in the "Broken System". (10)

To decline releasing such data should be viewed as the final nail in the coffin of no credibility for "A Broken System".

======


FOOTNOTES

(1) A Broken System: The Persistent Patterns of Reversals of Death Sentences in the United States, (2000), James Liebman, http://www2.law.columbia.edu/instructionalservices/liebman/
with updates at http://www2.law.columbia.edu/brokensystem2/index2.html

(2) 1973-1995 data taken from Appendix table 1. Prisoners sentenced to death and the outcome sentence, by year of sentencing, 1973-98, "Capital Punishment, 1998", Tracy Snell, Bureau Of Justice Statistics, originally published December, 1999, last updated 1/6/00
http://bjs.gov/content/pub/pdf/cp98.pdf    last viewed and re-confirmed 3/28/2013
Based upon the publication date of "A Broken System", 2000, this appears to be the most relevant data base..

(3) Appendix table 2., Prisoners sentenced to death and the outcome sentence, by year of sentencing, 1973-2005, page 14, "Capital Punishment, 2005", Bureau of Justice Statistics, Dec, 2006, http://www.ojp.usdoj.gov/bjs/pub/pdf/cp05.pdf

(4) Table 14 Prisoners sentenced to death and the outcome of sentence, by year of sentencing, 1973–2010, p 18, Capital Punishment, 2010 –Statistical Tables, Tracy Snell, Bureau of Justice Statistics. December 2011, NCJ 236510, http://bjs.gov/content/pub/pdf/cp10st.pdf last viewed and re-confirmed 3/28/2013

(5) Judges Responsible for Grossly Uneven Executions
http://prodpinnc.blogspot.com/2013/11/judges-responsible-for-grossly-uneven.html

(6) http://prodeathpenalty.com/Liebman/Pennsylvania.htm

(7) http://prodeathpenalty.com/Liebman/Florida.htm

(8) http://prodeathpenalty.com/Liebman/Nevada.htm

(9) http://prodeathpenalty.com/Liebman/LCPreface.htm

(10) endnote 11, page 28. "Another Recount: Appeals in Capital Cases", Latzer and Cauthern, The Prosecutor, January/February 2001. http://www.lib.jjay.cuny.edu/docs/prosecutor.pdf
 
======
600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
====== 
======
 
Additional research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone.  
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
======
 
Partial CV

Monday, July 20, 2009

Media Disaster: Is The News & Observer beyond repair? The Death Penalty

To: Governor Perdue , The State Legislature and media throughout the state

From:  Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom   

The News and Observer (NO) says the death penalty is "Beyond fixing" (7/19/09). Based upon their op/ed, it is the N&O that is beyond repair.

N&O says the list of the exonerated from death row tells the tail of how inaccurate the death penalty is. Well, no. More likely, it tells us the poor state of fact checking in the media.

The term "exonerated", as the N&O knows, has been, highly misused by both the media and anti-death penalty folks (often the same).

The national death row "exonerated" list has grown to 135, but it has nothing to do with the actually innocent sent to and released from death row. Even the New York Times did an article on this obvious anti-death penalty deception. (1) Did N&O not get the memo?

The number is very likely much closer to 25, or about 0.3% of those so sentenced - meaning the actually guilty sent to death row is about 99.7%. The 25 (as well as the 135) have all been released. (2)

Maybe the N&O can do an article on what the difference is between 1) the alleged "exonerated" from North Carolina's death row and 2) for how many of those cases is there proof of actual innocence. It is the only relevant issue in the innocence debate. Why? First, to be clear and honest. Secondly, we can't execute the legally innocent- that is impossible. Therefore, only the actual innocent are the relevant issue.

Is the N&O aware of a more accurate criminal sanction than the death penalty?

The N&O only mentions that African Americans "are too often caught up in the wheels of the court system, and the chance that they will pay a price for flaws in that system is high."

Why the race baiting? It's unseemly.

In the modern era of the US death penalty, since 1973, whites represent, nationally, 57% of those executed, blacks 34%. In North Carolina, whites represent 28 (65%) of those executed, blacks 13 (30%). It is clear that whites are more likely to suffer the worst flaw- an innocent executed -the number one alleged concern of anti-death penalty folks, such as N&O. In reality, it is everyone's chief concern.

Why didn't NO point that out? However, let's try to agree that no one wants any innocent human beings convicted of a crime they didn't commit.

In a serious debate, it is ludicrous to imply discrimination because census data on population counts, for different races and ethnicities, is not consistent with the percentage counts of those races/ethnicities on death row. Instead of populations counts, try looking at who is committing capital, death penalty eligible murders, instead. It's a much better barometer.

The N&O completely blows it on their concern that the death penalty system can't catch ever mistake. We all know that no system can catch every mistake. The N&O overlooked the crucial, relevant issue - the death penalty is more likely to catch a mistake than is any lesser sanction. Put another way, innocents are more protected with the death penalty. (3)

Even N&O knows that the death penalty system has, by far, the most extensive due process protections in US law. That means that the actually innocent convicted are more likely in non-death penalty life cases and are more likely to die in prison, serving under that sentence, than it is that an actual innocent will be executed. (3)

The N&O gets really silly. The N&O states: "The (Racial Justice Act's) House champions know better than to swallow that kind of poison pill." For N&O, the "poison pill" is the Senate language to resume executions. Why is it a poison pill to implement the death penalty that judges and jurors felt was the most appropriate sanction for the crime committed? Because the NO's goal is to help stop any executions, just like their champions.

From a statistical standpoint, it is fitting that N&O agrees with US Supreme Court Justice Blackmun that we should no longer tinker with death's machinery.

That is one judge out of 110 that have served on SCOTUS, or less than 1%. The N&O is in perfect company.

Time for the N&O to get their act together, if it isn't already "Beyond Fixing".

It isn't. Simply honor the Fourth Estate, present honest and balanced coverage of the death penalty. Period.

1) "The Death of Innocents: A Reasonable Doubt", New York Times Book Review, p 29, 1/23/05, Adam Liptak, national legal correspondent for The NY Times. Excerpt: "To be sure, 30 or 40 categorically innocent people have been released from death row . . . ". That is out of the DPIC claimed 119 "exonerated", at that time, for a 75% error rate. NOTE: It's hard to understand how an absolute can have a differential of 33%. I suggest the "to be sure" is, now, closer to 25.

2) The 130 (now 135) death row "innocents" scam
http://homicidesurvivors.com/2009/03/04/fact-checking-issues-on-innocence-and-the-death-penalty.aspx

updated Nov. 2023
The Death Row "Exonerated"/"Innocent" Frauds 
71-83% Error Rate in Death Row "Innocent" Claims, 
Well Known Since 1998

3) "The Death Penalty: More Protection for Innocents"
http://homicidesurvivors.com/2009/07/05/the-death-penalty-more-protection-for-innocents.aspx

updated Nov. 2023
and
Deterrence, Death Penalties & Executions

======
Victim's Voices - These are the murder victims

 
From:  Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom   
 
======
600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
====== 
======
 
Additional research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone.  
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
======
 
Partial CV

Wednesday, July 15, 2009

DETAILS: Why the Racial Justice Act is a SCAM - North Carolina

Wednesday, July 15, 2009

DETAILS: Why the Racial Justice Act is a SCAM - North Carolina
 
From:  Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom   

Racial/ethnic bias should be taken seriously and by people of good will with honest intentions.

The aim of the Racial Justice Act (RJA) is not racial justice. The RJA's purpose is to increase cost and delay in death penalty cases, with a goal of assisting the end of the death penalty in North Carolina.

The RJA bill: Proof of racial discrimination is established if "Death sentences were sought or imposed significantly "MORE FREQUENTLY" upon persons of one race than upon persons of one race than upon persons of another race." (1)

Frequency is a measure of occurrence, not a measure of disproportionality, discrimination or measurable bias.

For example, if 10 death sentences are sought and imposed for both black and white murderers, the frequency of death sentences for each race is equal. Equal frequency can be, totally, disproportionate.

If whites had committed 100 death penalty eligible murders, yet only 10 death sentences were sought and imposed, and blacks had committed 12 "identical" (2) death penalty eligible murders, yet 10 death sentences were sought and imposed, there would be equal frequency, but striking disproportionality.

For those truly looking for discrimination, it doesn't matter how frequently, how often or how rarely the death penalty is sought or imposed for murderers of different races/ethnicities, it only matters if it is significantly, measurably disproportionately sought or imposed based upon discrimination.

In any jurisdiction, if death sentences are sought or imposed 10 times for whites and 7 times for blacks or 10 times for blacks and 7 times for whites, the frequency is 30% less or 43% more and - voila - a claim of "more frequently" will be made and discrimination will be pronounced, even if death sentences are sought and imposed proportionately to any race/ethnicity involvement in capital murders and there is zero discrimination.

The RJA, intentionally, allows cases to be challenged and overturned based upon a definition of "discrimination" which has nothing to do with discrimination.

The RJA makes a mockery of justice and is a direct insult to those who truly wish to end racism and discrimination.

The RJA is a big, unnecessary dishonest mess.

The "Study": One often hears that racial bias was established by the study, "Race and The Death Penalty in North Carolina", by UNC-CH professors Boger and Unah (2). It wasn't.

First, the only alleged racial “disparity” (not bias) uncovered in the “study” is based upon: “. . . the “death odds multiplier” is 3.5, indicating that, on average, the odds of receiving a death sentence are increased by a factor of 3.5 when the murder victim is white.” (3). IF true, that 3.5 odds multiplier might be about a 2%-4% differential – completely meaningless, based upon actual cases sent to death row.

NOTE: Many, in the media and elsewhere, misinterpreted the 3.5 as "times" (a 250% differential) as opposed to the actual "odds multiplier" (maybe a 2-4% differential) .

Did Boger/Unah ever correct that misunderstanding? The same problem exists with the McCleskey v Georgia case. (4)

Secondly, the study looks at 1993-1997, or 16% of the 32 years of current death penalty laws and 99 out of the 383 death sentences, or 26%. In the unlikely case the study is sound, the results show no discrimination. In the context of the full 32 year database, this study is irrelevant in discussing the death penalty in North Carolina, today.

Thirdly, academics, lawmakers, media (I hope) and others have been trying, without success, to get the database/methodology on the Boger/Unah study for nearly a decade. Is there a legitimate academic reason for withholding that information? Of course not.

The RJA - Renders Justice an Ass. Don't pass this bill.

Footnotes:

(1) HB461,15A-2011, (b), (1) & , mostly, (2), 6/30/09
http://ncleg.net/Sessions/2009/Bills/Senate/PDF/S461v5.pdf

(2) Of course, there is no such thing as "identical" murders. The circumstances of each murder are all distinct, as are the murderer(s) and the victim(s). That is one of the obvious reasons why the RJA is so flawed.

(3) "Race and The Death Penalty in North Carolina: An Empirical Analysis 1993-1997", page 4, 4/16/2001
http://www.common-sense.org/pdfs/NCDeathPenaltyReport2001.pdf

(4) See "The Odds of Execution" within "How numbers are tricking you"
http://www.geocities.com/CapitolHill/4834/barnett.htm
and
"The Math Behind Race, Crime and Sentencing Statistics"
http://8.12.42.31/1998/jul/12/opinion/op-2965

see also

RACE: A Death Penalty Primer – No Bias in Death Penalty Sentencing
http://homicidesurvivors.com/2006/03/25/race-a-death-penalty-primer.aspx?ref=rss

======
Victim's Voices - These are the murder victims

Permission for distribution of this document, in whole or in part, is approved with proper attribution.

======
600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
====== 
======
 
Additional research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone.  
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
======
 
Partial CV

Sunday, July 12, 2009

Race, Death Penalty & North Carolina: The Boger/Unah Study

Race, Death Penalty & North Carolina: The Boger/Unah Study
July 12, 2009
 
From:  Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom   

======
see also:
RACE & THE DEATH PENALTY: A REBUTTAL TO THE RACISM CLAIMS
======
One often hears that racial bias was established by the study, "Race and The Death Penalty in North Carolina", by UNC-CH professors Boger and Unah (1). It wasn't.

First, the only alleged racial “disparity” (not bias) uncovered in the study is based upon: “. . . the “death odds multiplier” is 3.5, indicating that, on average, the odds of receiving a death sentence are increased by a factor of 3.5 when the murder victim is white.”.

IF
true, that 3.5 odds multiplier can mean a differential as low as 2%-4% – completely meaningless, based upon actual cases sent to death row.

NOTE: Many, in the media and elsewhere, misinterpreted the 3.5 as "times", a 250% difference, as opposed to the actual 3.5 "odds multiplier" which may be a difference as low as 2-4% .

Did Boger/Unah ever clarify this issue? If they did, I haven't found it. 

The same problem exists with David Baldus and his work in Philadelphia and within Baldus' analysis that has caused so much misinterpretation in SCOTUS' McCleskey v Georgia case. (2)

Secondly, the North Carolina study looks at 1993-1997, or 16% of the 32 years of current death penalty laws and 99 out of the 383 death sentences, or 26%. 

In the unlikely case the study is sound, the results may show no discrimination. In the context of the full 32 year database, this study is irrelevant in discussing the death penalty in North Carolina, today.

Thirdly, academics, lawmakers, media (I hope) and others have been trying, without success, to get the database/methodology on the Boger/Unah study for nearly a decade. 

Is there a legitimate academic reason for withholding that information? Of course not.

Footnotes:

(1) "Race and The Death Penalty in North Carolina: An Empirical Analysis 1993-1997", page 4, 4/16/2001
http://www.common-sense.org/pdfs/NCDeathPenaltyReport2001.pdf

(2) See "The Odds of Execution" within "How numbers are tricking you"
http://reocities.com/CapitolHill/4834/barnett.htm

and

"The Math Behind Race, Crime and Sentencing Statistics"
http://8.12.42.31/1998/jul/12/opinion/op-2965

======
Permission for distribution of this document, in whole or in part, is approved with proper attribution.  
======
600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
====== 
======
 
Additional research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone.  
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
======
 
Partial CV


Saturday, July 11, 2009

Death Penalty Sentencing: No Systemic Bias

Death Penalty Sentencing: No Systemic Bias
Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom

7 studies are reviewed, herein

For emphasis, population count is totally irrelevant, regarding any consideration of class, gender or race/ethnicity bias in the application of the death penalty. The only relevant factors in such a review are class, gender or race/ethnic distribution of murderers and their victims in capital murders, as well as criminal history, the specific circumstances of the crime(s) and a review of individual prosecutorial jurisdictions.

Study 1: Drs. Stephen Klein and John Rolph: "After accounting for some of the many factors that may influence penalty decisions, neither race of the defendant nor race of the victim appreciably improved prediction of who was sentenced to death . . . ". "Relationship of Offender and Victim Race to Death Penalty Sentences in California", Jurimetrics Journal, 32, Fall 1991, aka The Rand Corporation Study)

Study 2: Smith College Professors Stanley Rothman and Stephen Powers found that legal variables, such as prior criminal history and the aggravated nature of the murder, are the proven basis for imposition of the death penalty. The black/white variation in sentencing has generally been reduced to zero when such legal variables are introduced as controls. "Execution by Quota?", The Public Interest, Summer 1994

Study 3: NO BIAS IN DEATH SENTENCING: U of Maryland's Death Penalty Study (1)

The following are direct quotes from the Executive Summary of the U of Maryland study. NOTE: In earlier stages of the process, allegations of bias or some improper racial disproportionality are unfounded (2).

Race of the victim

"The race of the victim effect does not hold up, however, at the decision of the state's attorney to advance a case to penalty trial and at the decision of the judge or jury to impose a death sentence given that a penalty trial has occurred." p 27

"The race of the victim does not appear to matter when the decision is to advance a case to the penalty phase or to sentence a defendant to death after a penalty phase
hearing." page 29

The victim's race has no impact on seeking or giving death sentences

"Among the subset of cases where the case actually does reach a penalty trial, the victim's race does not have a significant impact on the imposition of a death sentence." page 35

The study shows no race of the victim effect in death sentencing in Maryland.

"When the prosecuting jurisdiction is added to the model the effect for the victims race diminishes substantially, and is no longer statistically significant." page 32

When you look at the capital murder cases, from each, separate jurisdiction, individually, any alleged race of the victim effect cannot be found.

" . . . any attempt to deal with any racial disparity in the imposition of the death penalty in Maryland cannot ignore the substantial variability that exists in different state's attorney's offices in the processing of death cases." p 34

It is important to look at how each jurisdiction handles their capital cases, because each jurisdiction is different. When that is done, no bias in death sentencing is found.

Race of victim and defendant

"There is no race of the offender / victim effect at either the decision to advance a case to penalty hearing or the decision to sentence a defendant to death
given a penalty hearing." page 30

Neither the race of the defendant nor the race of the victim have an impact on seeking or giving death sentences.

Race of the defendant

" . . . there is no evidence that the race of the defendant matters at any stage once case characteristics are controlled for." page 26

" . . . we found no evidence that the race of the defendant matters in processing of capital cases in the state." p 26

Maryland is not looking at race, but is concentrating on the nature of the murders.

Study 4: No Racial Bias in the New Jersey Death Penalty System

New Jersey For release: February 11, 2003
For further information: Winnie Comfort, AOC (609) 292-9580
Report on Proportionality
Trenton, N.J.

The 2002 report essentially mirrors the findings contained in the 2001 report, and may be summarized as follows:

--There is no sustained, statistically significant evidence that the race of the defendant affects which cases advance to penalty trial. Although bivariate analysis reveals that a greater proportion of death-eligible white defendants than African-American defendants advance to the penalty phase, that finding is not supported by regression studies and application of case-sorting techniques. There is no sustained, statistically significant evidence that the race of the defendant affects which cases result in imposition of the death penalty. Again, although bivariate analysis reveals that a greater proportion of death-eligible white defendants are sentenced to death than African-American defendants, that finding is not supported by regression studies and application of case-sorting techniques.
--There is statistically significant evidence that white victim cases are more likely than African-American victim cases to advance to penalty trial, but that finding is eradicated when county variability is taken into account. A disproportionate number of minority victim cases are tried in counties with the lowest overall rates of progression to penalty trial, while less urban counties with a high concentration of white victim cases have higher rates of capital prosecutions. Although Judge Baime notes that county variability may itself be a problem, he offers no opinion on the subject because that issue is well beyond the contours of his report.
--There is no sustained, statistically significant evidence that white victim cases are more likely than minority victim cases to result in imposition of the death penalty

The New Jersey Supreme Court has accepted the 2002 annual report prepared by Judge David S. Baime, a retired Appellate Division judge, on the monitoring of proportionality review in capital punishment cases in New Jersey. The Supreme Court adopted a monitoring system in 2000 to determine whether racial discrimination played a role in the administration of New Jersey's capital cases.

In his capacity as a "special master," a role that requires extrajudicial expertise and work with court-appointed experts, Judge Baime prepared the "Report to the New Jersey Supreme Court: Systemic Proportionality Review Project 2001-2002 Term." .

Judge Baime was assisted by statistical analysts David Weisburd, a professor at The Hebrew University of Jerusalem and The University of Maryland, College Park, and Joseph Naus, a professor at Rutgers University. In an effort to provide the most accurate analysis possible, the monitoring system approved by the Court consists of three different statistical strategies: bivariate analyses, regression studies and case-sorting techniques. In order to establish systemic disproportionality, a defendant must relentlessly document the risk of racial disparity. This requires that the outcomes produced by the three modes of analysis substantially converge, or lead to the conclusion that racial discrimination plays a part in capital sentencing.

The three modes of analysis were applied to three separate decision points: death outcomes at penalty trials, death outcomes among all death-eligible cases, as determined by Judge Baime and the Administrative Office of the Courts (AOC), and advancement of death-eligible cases to penalty trials. Three identifiable groups--African-Americans, whites and Hispanics--were examined, and possible disparities in terms of the race or ethnicity of the defendant and the race or ethnicity of the victim were considered.

Study 5: Pro & Con: The Death Penalty in Black and White, by Dudley Sharp
IntellectualCapital.com, 6/24/99.
stored at www.prodeathpenalty.com/racism.htm

I don't know about you, but when I get into a discussion about the death penalty, my first thoughts go to the victim and to the brutality of the murder. That is the foundation of the just nature of the death penalty.

Too often these days, however the death penalty is discussed in different terms. Inevitably, with the racial history of this country, the effect of race in the application of the death penalty has become a central part of the death-penalty discourse. This is particularly true as some politicians are making the case for a death-penalty moratorium, in part to consider whether the death penalty is inherently racist.

All too often, however, those arguments are spurious. In the death penalty debate, it should be the facts, and not the hype, that are in be black and white.

A closer look at the statistics

Often such discussion begins with the obvious: the race of the defendant. The Death Penalty Information Center (DPIC) reports that black murderers represent 35% of those executed, white murderers 56%. As the argument goes, this must be evidence of systemic racism, as blacks represent 12% of the population, whites 74%.

Fortunately, the United States does not execute people based on their population counts but on the murders they commit. As blacks represent 47% of murderers and whites 37%, we see that whites are twice as likely to be executed for committing murder as are their black counterparts.

Furthermore, the Bureau of Justice Statistics says that whites sentenced to death are executed 17 months more quickly than blacks. With 98% of all head prosecutors in the United States being white, according to DPIC, how is such a result possible? Maybe prosecutors, judges and juries are focusing on the crimes and not the race of the defendant.

That is not the case, say anti-death penalty groups, such as Amnesty International, and now the United Nations. If you adjust for the specific aggravating factors present within capital crimes, you find clear evidence of racism.

Death-penalty opponents note, for example, that the Supreme Court, in the famous race-based challenge to the death penalty (McCleskey v. Kemp), found in 1987 that those who murderer whites were 4.3 times more likely to be sentenced to death than those who murder blacks, under similar circumstances.

David Baldus (3), who did the statistical study on McCleskey's behalf, also completed a recent study in Philadelphia where it is was reported to show that black murderers were four times more likely to receive a death sentence than white murderers. With such results, how can anyone dispute the racist application of the death penalty?

Quite easily.

The Supreme Court, as well as many others, confused odds with multiples. The data reflect odds of 4-to-1, not four times more likely.

What difference does it make?

In Baldus' Philadelphia (3) study, we find that if only 2% more white murderers had been sentenced to death and only 2.5% fewer black murderers had been sentenced to death, then each group would have been sentenced to death by juries at the same rate -- a far cry from the 300% difference stated within the incorrect interpretation of "four times"!

A punishment that fits the crimes

The next issue raised is the victim's race. While blacks and whites comprise about an equal number of murder victims, the ratio of white-to-black victims in death-penalty cases is about 7-to-1. This has given rise to the allegation that the "system" only cares about white murder victims. A horrible accusation, if true.

However, the ratio of white-to-black victims in the aggravated circumstances necessary for a capital murder conviction (rape, robbery, car-jacking, burglary, police murders, serial/multiple murders, etc.) is from 4-to-1 to 8-to-1 -- numbers consistent with the victim ratios on death row.

The final resting place for the racism charge lies within those cases where blacks have been executed for murdering whites and whites have been executed for murdering blacks. There have been 144 blacks and 10 whites executed under such circumstances, or a ratio of 14-to-1. As blacks are about 2.5 times more likely to murder whites than the other way around, there appears to be a huge disparity in such executions. Is racism the reason?

If we look at robbery, the aggravated crime found most often in capital cases, we find that when there is a robbery with injury, the ratio of black robber/white victims versus white robbers/black victims is 21-to-1.

Again, when looking at the circumstances consistent with capital crimes, we find no evidence of racial bias.

The determining factor for sentencing in death-penalty cases is what it should be -- the aggravating nature of the crimes. Both the Rand Corp. study of 1991 and the research presented by Smith College professors Stanley Rothman and Stephen Powers in 1994 confirm that finding. In other words, it appears that any racial variations present within the data are reflective of the crimes themselves and not racial bias within the system. A review of those studies, as well as of criminal-justice statistics, within the context of the aggravating circumstances present within capital murders and the related statutes, produces the same conclusion.

Don't assume the worst motives

There will always be some variables of race, ethnicity and class within any study of criminal-justice practices, and based on historic, as well as current prejudices, we can never lower our guard. Because all studies are subject to poor protocols, bias and misinterpretation, we must make reasoned judgments based on as many respected considerations as we may have at our disposal.

And even if criminal-justice statistics did not show the obvious correlation between crimes and the application of the death penalty, we should note what the Supreme Court stated in McCleskey: "Where the discretion that is fundamental to our criminal justice process is involved, we decline to assume that what is unexplained [by measured factors] is invidious." Sound ideas should not be eliminated based on misguided statistics.

In the case of the death penalty, the facts lead to only one conclusion. No moratorium is necessary.

Study 6: Death Penalty Opponents Distortions are the Real Story

"To properly protect the people in Baltimore City and other jurisdictions like it, we must restore public confidence in and support of capital punishment, so that prosecutors can seek it in appropriate cases, and jurors will impose it. The first step toward that end is to debunk the myth that capital punishment is imposed discriminatorily. The numbers are there, in the opponents's own studies, once we cut through the spin and look at the facts."

Smoke and Mirrors on Race and the Death Penalty, Kent Scheidegger, Criminal Justice Legal Foundation, Engage Magazine, Volume 4, Issue 2, 10/2003 www.cjlf.org/deathpenalty/EngageArticle.pdf

Study 7: Full Review Finds no Bias

"From 1976-1995, 5 white murderers have been put to death for the murder of black persons and 101 black murderers have been put to death for the murder of white persons (NAACP LDF, 1996). Opponents falsely contend that this is evidence of racism in the "system". That 101:5 ratio, or 20:1, is consistent with statistics that show aggravated crimes (those crimes committed with the murder which may make a crime eligible for the death penalty) are committed by blacks against whites in far greater numbers than by whites against blacks. For all violent crimes, there are ten times as many black offenders (2,016,939) involved in white victim violent crimes as there are white offenders (210,869) involved in black victim violent crimes, or a 10:1 ratio. (The State of Violent Crime in America, pg. 12,1/96, data derived from Criminal Victimization in the U.S., 1993, BJS forthcoming, tables 42 and 48. Multiple offenders were assumed to be two offenders for calculation purposes.) In addition, blacks are nearly three times as likely to murder whites (849), as whites are to murder blacks (304), or 3:1 (Sourcebook 1994, BJS 1995, table 3.123). IF murder rates are statistically consistent within the violent crime category, as McCleskey et al indicate, then blacks are, statistically, by a 30:1 (10:1 X 3:1) ratio, more likely to murder whites, than whites are to murder blacks, in those circumstances where an additional aggravating factor is present (see C2). These are those crimes most eligible for the death penalty. That statistically projected ratio of 30:1 is hardly inconsistent with the 20:1 ratio for black offender(s)/white victim vs white offender(s)/black victim executions. The most relevant aggravated crime is robbery with injury, wherein blacks are 21 times more likely to be involved in such crimes as are whites. This 21:1 ratio represents 1.4 million black offender(s)/white victim vs. 68,000 white offender(s)/black victim for robbery with injury crimes (JFA, using BJS, 1977-84 data). IF overall murder statistics are consistent, within this crime category, as McCleskey et al suggests, then there is a 30-60:1 ratio of black on white vs white on black murders within this robbery/murder category. (From 1977-1984)."

Excerpt from "C. RACE, SENTENCING AND THE DEATH PENALTY", paragraph No. 5., DEATH PENALTY AND SENTENCING INFORMATION In the United States, 10/1/97, by Dudley Sharp, http://prodeathpenalty.com/DP.html#C.Race

or
or

===
Conclusion

You cannot remove all bias from human endeavors.

The weight of the evidence is that there is no systemic racial/ethnic bias within the modern US death penalty. Police, prosecutors, judges and jurors, overwhelmingly, are honorable folks, working to do the right thing, in any given case.

The death penalty has the most extensive due process protections, meaning they have the most thorough reviews, inclusive of bias, in the pre trial, trial and appellate reviews.

With so few death sentences, over such a long period of time, statistical variances are, often, the result of very small numerical or percentage comparisons, which cannot and do not establish racial or ethnic bias or are the result of very poor studies, as Baldus' in McCleskey.

======


===

1) Executive Summary: An Empirical Analysis of Maryland's Death Sentencing System with Respect to the Influence of Race and Legal Jurisdiction, www.urhome.umd.edu/newsdesk/pdf/exec.pdf

2) Minority Report, well hidden, between pages 128 and 129 (see p 8-12), part of Final Report to the General Assembly, Maryland Commission on Capital Punishment, 12/12/08
http://www.goccp.maryland.gov/capital-punishment/documents/death-penalty-commission-final-report.pdf

3) I am, particularly, wary of David Baldus' works or anyone who refers, approvingly, of his work. See Joseph Katz' deconstruction of Baldus' work for McCleskey, as well as:

"The Math Behind Race, Crime and Sentencing Statistics"
John Allen Paulos, Los Angeles Times, 7/12/98
http://articles.latimes.com/1998/jul/12/opinion/op-2965

and

"The Odds of Execution" within "How numbers are tricking you
Arnold Barnett, MIT Technology Review October, 1994
http://www.geocities.com/CapitolHill/4834/barnett.htm


REBUTTAL TO MORE STANDARD ANTI DEATH PENALTY DECEPTIONS

Anti-death penalty arguments are either false or the pro death penalty arguments are stronger.

Research w/sources, w/fact checking/vetting & critical thinking, as required of everyone.  
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
======

copyright 1998-2022 Dudley Sharp Permission for distribution of this document, in whole or in part, is approved with proper attribution.
 
======
600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
====== 
=====
 
Partial CV