News and Developments 2009: Innocence

Texas Governor Replaces Members of Commission Examining Possible Wrongful Execution

On September 30, Texas Governor Rick Perry replaced the chairman and two members of a state commission that is investigating whether inaccurate evidence of arson was presented at the trial of Cameron Todd Willingham,  who was executed in 2004. The state’s Forensic Science Commission was scheduled to conduct a public hearing in two days and receive testimony from Craig Beyler, a nationally known expert who called the Willingham investigation “slipshod,” and concluded that “almost all of the evidence presented [w]as based on junk science.” Beyler's report for the Commission concluded that “no credible evidence existed to believe that the fire, that killed three children, was caused by arson.”

 

 

Congress Conducts Hearings on the Innocence Protection Act

steve brightOn September 22, the House Subcommittee on Terrorism, Crime and Homeland Security of the Judiciary Committee held hearings on the re-authorization of the Innocence Protection Act.  Among those making presentations were noted defense attorneys Stephen Bright (pictured), President of the Southern Center for Human Rights in Atlanta, and Barry Scheck, Co-Director of the Innocence Project in New York.  Mr. Bright emphasized that the best way to prevent wrongful convictions is to provide defendants with adequate representation:  "The best protection against conviction of the innocent is competent representation for those accused of crimes and a properly working adversary system.  Unfortunately, a very substantial number of jurisdictions throughout the country do not have either one."  He noted that DNA testing is no substitute for good lawyers, especially since such evidence is not available in most cases: "Some people believe that we can rely on DNA testing to protect the innocent, but DNA testing reveals only a few wrongful convictions. In most cases, there is no biological evidence that can be tested. In those cases, we must rely on a properly working adversary system to bring out all the facts and help the courts find the truth."

Arson Cases in Texas Under Broader Review

In 2004 Cameron Todd Willingham was executed in Texas for murdering his children by arson.  Since then, numerous forensic fire experts have concluded that the evidence of arson presented at Willingham's trial could not support the conclusion that he caused the fire.  That same year, Ernest Willis was freed from death row in Texas after the prosecution concluded that his conviction and death sentence for arson were mistaken.  Texas has 742 offenders in state prisons for arson, and about 275 more defendants are convicted of the crime each year.  Sen. Rodney Ellis, D-Houston, who has pushed to create a commission in Texas to explore questionable convictions, noted,  "As scientific methods improve," he said, "it's a distinct possibility that we're going to find more problems in the criminal justice system."  One of the experts who examined the evidence in the Willingham case and disputes the claims of arson is Gerald Hurst, a Cambridge-educated chemist, who said, "Accidental fires being turned into arsons is going on all the time."  He believes the core of the problem is that investigators – most of whom began as police officers and firefighters – have no science background.

Florida Inmate Who Faced Death Penalty at 15 to be Freed 26 Years Later

Anthony Caravello was convicted of rape and murder for a crime he allegedly committed in 1983 at age 15 in Florida.  The prosecution sought the death penalty. Now DNA evidence from the crime scene points to another individual and may result in his exoneration.  The state is not contesting his release.  Caravello has an IQ of 67 and was convicted largely on the basis of his own statements, which he says were obtained from him after beatings during his interrogation.  At his sentencing, the judge commented, "I'll tell you this, Anthony: If the jury had recommended death, I would have had you electrocuted."  Instead, he was sentenced to life.  The prosecution is still pursuing the investigation.

Radio Host Bob Edwards Explores the Troy Davis Case

On September 9, The Bob Edwards Show on Sirius XM Radio interviewed Stephen Bright and Nina Morrison regarding the case of Troy Anthony Davis.  Edwards is the award-winning former host of National Public Radio's "Morning Edition."  The show offered this introduction: "Last month, the U.S. Supreme Court did something it hadn’t done in 50 years – it ordered a stay of execution and court hearing for an inmate to attempt to prove his innocence.  Since 1991, Troy Davis has been on death row in Georgia, convicted of shooting an off-duty cop.  Even though seven of the nine eyewitnesses who testified against him have come forward to say they either were mistaken or deliberately lied, no court has let them testify with this information.  Nina Morrison of the Innocence Project joins Stephen Bright of the Southern Center for Human Rights to talk about the case and what it portends for other wrongful convictions throughout the country."

Texas Inmate Freed From Death Row With Charges Dismissed

Former death row inmate Michael Toney was freed from prison in Texas on September 2 after the state's Attorney General asked that his death sentence and criminal charges be dismissed.  Toney was sentenced to death for a fatal bombing in 1985 that occurred at a trailer park in Lake Worth.  He has always maintained his innocence, and there was no physical evidence leading to his conviction.  His conviction and death sentence were overturned by the Texas Court of Criminal Appeals nine months ago after it was revealed that the state had withheld critical evidence that might have led the jury to a different conclusion at his trial in 1999.  The attorney general took over the case after the Tarrant County district attorney's office recused itself in January because of the withheld evidence.

Reaction to Execution of a Probably Innoncent Man Grows

Recent scientific reports indicating that Texas likely executed an innocent man have spurred wide coverage and commentary. Cameron Todd Willingham was executed in 2004 for the arson murder of his three children.  Fire experts now say the blaze was likely an accident. Excerpts from coverage:

New York Times Editorial, August 31, 2009, "Questions About an Execution":

People should have no illusions about the brutal injustice of the death penalty after all of the exonerations in recent years from DNA evidence, but the case of Cameron Todd Willingham is still shocking.

Mr. Willingham was executed for setting a fire that killed his 2-year-old daughter and 1-year-old twins, but a fire expert hired by the State of Texas has issued a report casting enormous doubt on whether the fire was arson at all. The Willingham investigation, which is continuing, is further evidence that the criminal justice system is far too flawed to justify imposing a death penalty.
. . .
The commission is to be commended for conducting this inquiry, but it is outrageous that Texas is conducting its careful, highly skilled investigation after Mr. Willingham has been executed, rather than before.

INNOCENCE: "Trial by Fire: Did Texas Execute an Innocent Man?"

In a thorough and penetrating article published in The New Yorker on August 31, David Grann offers further evidence that Texas probably executed an innocent man in 2004. Grann carefully examines all the evidence that was used in the two-day trial in 1992 to convict Cameron Todd Willingham of murder by arson of his three young children.  It is now well established through a series of investigations by other fire experts that the forensic evidence of arson presented at trial had no scientific basis and should not have led to Willingham's conviction.  Another piece of evidence used at trial was the testimony of a jailhouse informant who said that Willingham had confessed to the crime, despite the fact that he had always maintained his innocence and even refused a plea bargain to avoid the death penalty.  The informer eventually received early release, tried to recant his testimony, and is now no longer sure what he heard.  He also suffers from mental disorders.  Willingham's lawyers thought he was 100% guilty and offered no rebuttal expert to question the finding of arson.  At the sentencing hearing, the prosecution put on a psychiatrist, Dr. James Grigson, who made a living helping to send defendants to death row by testifying to their future dangerousness without even interviewing them.  Dr. Grigson said that Willingham was an "extremely severe sociopath," words similar to those he used to describe Randall Dale Adams, who was eventually exonerated following an investigation by documentary filmmaker Errol Morris, portrayed in the film "A Thin Blue Line."