Executed and Not Guilty

Cameron Todd Willingham is back in the news. Willingham was accused of setting a Corsicana house fire that killed three of his young children in 1991. He was convicted in a three day trial in 1992 and executed in 2004. The case turned largely on whether the fire was arson. If so it was murder, if not a tragic accident. The Texas Fire Marshall who investigated the scene ruled arson. A jail house snitch testified that Willingham confessed. Willingham went to his death protesting his innocence. After the trial a nationally recognized arson scientist reviewed the evidence and concluded the Fire Marshall had ignored the most current science. That science did not support an arson claim. For procedural reasons appellate courts refused to consider new analysis. Governor Rick Perry also refused to consider it in a final appeal and allowed the execution to proceed. A series of forensic scientists reached the same conclusion, science used in securing Willingham's conviction was flawed. Better science does not point to arson. In 2010 a four person panel of the Texas Forensic Science Commission agreed. Science does not support an arson conclusion. The snitch, Johnny E. Webb recanted. He now says Willingham never confessed. Prosecutor John. H. Jackson threatened him with a life sentence for robbery if he didn't testify against Willingham, offered parole if he did. A previously undisclosed letter from Webb reminded Jackson of their agreement and threatened to go public if he didn't get his parole. Jackson intervened on Webb's behalf. Webb got his parole. There is enough in all of this corroborating Webb's new story that the Texas Bar Association is investigating Jackson. If the Bar Association charges Jackson with misconduct he will be entitled to a jury trial. That appears likely. Death penalty opponents across the country follow this closely because the case comes closer than any other in the modern era to proving that a man has been executed in the United States for a crime he did not commit. There are plenty of places to look for wrong doing. The panel from the Forensic Science Commission accused both the Texas Fire Marshall and the Corsicana Fire Chief of misconduct and mishandling of evidence at the scene. A more competent defense would have presented expert witnesses at trial to refute the Fire Marshall's testimony. Worst of all appellate courts and Governor Perry knew the evidence was questionable well before Willingham was executed. Anyone paying attention knew. It had been widely reported at the time but they all found reasons not to consider it. It looks bad. Precious few of us are comfortable putting anyone to death when there is reasonable doubt about guilt. There are plenty of people looking too. Johnny Webb's recant came to light through a 2014 interview with The Marshall Project, a non-profit devoted to criminal justice reform. The Innocence Project, another non profit committed to proving innocent people falsely accused of capital crimes, filed an Official Oppression lawsuit against the State of Texas in 2010. The proceedings were stayed on appeal. A 2011 documentary, Incendiary: The Willingham Case, won a number of awards including a '"critic's pick" from the Dallas Morning News. If the John Jackson case goes to trial it's a safe bet there will be a fresh round of high profile news coverage, investigative reporting, and maybe another lawsuit or two. Lynne and I will be in Austin on March 24 advocating for the Texas Catholic Conference Legislative Agenda. As always abolition of the death penalty will be a priority. We don't expect to get what we want, yet, but we will eventually. When we do the Cameron Todd Willingham case will be a big reason why,