In a pre­lim­i­nary report, the Texas Forensic Science Commission recent­ly found that fire inves­ti­ga­tors used flawed sci­ence in the case that led to the death sen­tence and exe­cu­tion of Cameron Todd Willingham. Willingham was exe­cut­ed in 2004, hav­ing been con­vict­ed of set­ting the fire that killed his three chil­dren. Willingham had always main­tained his inno­cence and said the fire could have been an acci­dent. The Commission acknowl­edged that new fire inves­ti­ga­tion stan­dards were devel­oped in 1992, the year Willingham was con­vict­ed, but said the stan­dards were not adopt­ed nation­al­ly until sev­er­al years lat­er. Hence, the Commission did not find pro­fes­sion­al neg­li­gence on the part of the inves­ti­ga­tors because they were rely­ing on stan­dards avail­able at the time. Nevertheless, the jury con­vict­ed Willingham on the basis of the flawed evi­dence and Texas may have exe­cut­ed an inno­cent man. Patricia Cox, Willingham’s cousin, told the Commission, Even though there may not have been any mal­ice or intent by fire inves­ti­ga­tors about not being informed on cur­rent stan­dards, that does­n’t excuse the fact that, based on this mis­in­for­ma­tion, Cameron Todd Willingham was exe­cut­ed, and that can’t be corrected.”

The Commission has been the sub­ject of con­tro­ver­sy in the past because Texas Governor Rick Perry abrupt­ly replaced 3 mem­bers, includ­ing its chair­man, just days before it was to review a report by a fire expert who first alleged that the arson inves­ti­ga­tion was seri­ous­ly flawed. Since then, Perry has named the Williamson County District Attorney, John Bradley, to head the Commission.

(J. Luzano, Texas pan­el finds flaws but no neg­li­gence in arson inquiry that led to exe­cu­tion,” Dallas Morning News, July 25, 2010). Read more about Cameron Todd Willingham or see Innocence.

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