New evidence in the case of Cameron Todd Willingham suggests Texas may have executed an innocent man in 2004. The key evidence presented against Willingham at trial was from an arson “expert,” who said the fire that killed Willingham’s children was intentionally set. That evidence has since been discredited by a series of other experts who concluded the evidence did not support arson. Now attorneys for the Innocence Project have uncovered a prosecutor’s note implying that a jailhouse informant—who testified Willingham admitted to the crime—was given preferential treatment in exchange for his testimony. The note indicated charges against the informant should be reduced “based on coop in Willingham.” Prosecutors had explicitly denied that a deal had been made with the witness. Barry Scheck, founder of the Innocence Project, called the new evidence a “smoking pistol,” and added, “We’re reaching out to the principals to see if there is an innocent explanation for this. I don’t see one.”

(J. Schwartz, “Evidence of Concealed Jailhouse Deal Raises Questions About a Texas Execution,” New York Times, February 27, 2014). See Innocence and Arbitrariness.

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