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Report: Inmate wrongly executed
Chicago Tribune ^ | 5/3/6 | Maurice Possley

Posted on 05/03/2006 8:33:25 AM PDT by Crackingham

Four of the nation's top arson experts have concluded that the state of Texas executed a man in 2004 based on scientifically invalid evidence, and on Tuesday they called for an official reinvestigation of the case. In their report, the experts, assembled by the Innocence Project, a non-profit organization responsible for scores of exonerations, concluded that the conviction and 2004 execution of Cameron Todd Willingham for the arson-murders of his three daughters were based on interpretations by fire investigators that have been scientifically disproved.

"The whole system has broken down," Barry Scheck, co-founder and director of the Innocence Project, said at a news conference at the state Capitol in Austin. "It's time to find out whether Texas has executed an innocent man."

The experts were asked to perform an independent review of the evidence after an investigation by the Tribune that showed Willingham had been found guilty on arson theories that have been repudiated by scientific advances. In fact, many of the theories were simply lore that had been handed down by generations of arson investigators who relied on what they were told.

The report's conclusions match the findings of the Tribune, published in December 2004. The newspaper began investigating the Willingham case following an October 2004 series, "Forensics Under the Microscope," which examined the use of forensics in the courtroom, including the continued use of disproved arson theories to obtain convictions.

In strong language harshly critical of the investigation of the 1991 fire in Corsicana, southeast of Dallas, the report said evidence examined in the Willingham case and "relied upon by fire investigators" was the type of evidence "routinely created by accidental fires."

(Excerpt) Read more at chicagotribune.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events; US: Texas
KEYWORDS: capitalpunishment; deathpenalty; execution; hebeatroll; innocenceproject; lies; texas; zot
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To: sinkspur
And, you're right. If TIP and their sycophants had a name, it would be better known in America than Ted Bundy's.

It sure would, and we wouldn't even be having this debate right now.

I'm not sure if it's still there now, but when I was attending Syracuse University 15 years ago, one of the buildings on campus had a big mural of Sacco and Vanzetti painted on the side of it, and on the mural was written a short version of Upton Sinclair's story about how these poor men were innocent victims of a brutal country.

Later on, Sinclair found out from the mouth of their defense lawyer that they were guilty and he had made up their alibis, and the son of a bitch never had the decency to tell anyone the real truth other than his own lawyer.

201 posted on 05/03/2006 1:18:44 PM PDT by jpl
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To: Stone Mountain; AxelPaulsenJr

The state will ignore this story; nor will they allow their expert to speak if he ever wants to work for a prosecutor again. They will simply say the case is over and the jury made its decision; and the defendant was unsuccessful in his appeals.


202 posted on 05/03/2006 1:22:11 PM PDT by connectthedots
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To: TankerKC
"...as a conservative, I can't support the death penalty."

So murderers such as Saddam and Moussaoui and others of their ilk should be cajoled in a camp for the next 50 years or so?

203 posted on 05/03/2006 1:23:57 PM PDT by Radix (Stop domestic violence. Beat abroad.)
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To: connectthedots

I agree, unless an investigation is forced on the state.


204 posted on 05/03/2006 1:24:55 PM PDT by AxelPaulsenJr (More people died in Ted Kennedy's car than hunting with Dick Cheney.)
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To: Crackingham

As I've been told by my friends who are prosecutors, if there was a trial he was guilty of something.


205 posted on 05/03/2006 1:27:15 PM PDT by Rockitz (This isn't rocket science- Follow the money and you'll find the truth.)
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To: AnAmericanMother
Very interesting - thanks! I'm curious, as I'm sure you are, as to what was in the report those 4 arson investigators made. Hopefully it will be released.

But challenging one item of evidence does not mean that the defendant is innocent. It doesn't even necessarily mean that the evidence is bad, just ambiguous. It can be considered in conjunction with other things.

Absolutely, And as I pointed out before, the onus is no longer on the prosecution as they have already got their conviction. To get it overturned, there will have to be evidence affirming either innocence or misconduct during the trial. I totally agree that if that crazed glass thing is the only thing they have going for them, it's nowhere near sufficient.

I guess my thing is that I'm not going to just dismiss the Innocence Project's conclusions because of their political stance or personalities within. They have already found many cases where people were wrongly convicted and freed. I definitely agree with you that the information in this article regarding the arson investigation wasn't sufficient for anyone to draw an independent conclusion. If it's merely "wishful thinking" on TIP's part on this case, we'll find out. Note, though, that although the article wasn't specific, they did mention that every one of the state's arson expert's points was refuted. We'd have to get the specifics to make a real judgment.
206 posted on 05/03/2006 1:28:35 PM PDT by Stone Mountain
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To: jpl
I thought Sacco turned out to be guilty, and Vanzetti not guilty of the murder but doomed himself by his refusal to talk. I had not heard about Sinclair Lewis and the defense lawyer - can you tell me more?

S&V's innocence and the depravity of the prosecutor, judge and governor of MA were articles of liberal faith in the Northeast for ages (they still are among the older folks.)

A writer named Francis Russell started out to write an article proclaiming their innocence, eventually wrote a a book and a couple of articles as he went through the research, and turned them into a final book. S&V's lawyer (a cokehead IIRC) was long since dead, but he did speak to the families in the anarchist community who had funded their defense, who confirmed his conclusion that Sacco was guilty and Vanzetti innocent. The book is a good read: Sacco and Vanzetti- The Case Resolved

207 posted on 05/03/2006 1:30:22 PM PDT by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: Rockitz
As I've been told by my friends who are prosecutors, if there was a trial he was guilty of something.

What do your friends who are defense lawyers say? : )
208 posted on 05/03/2006 1:30:56 PM PDT by Stone Mountain
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To: Stone Mountain
I don't see what anybody can do to "refute" pour trails. They are there or they aren't. They are obvious to the naked eye. They require no fancy forensic tests, although usually scrapings will be taken and tested for the presence of accelerants.

I don't share your belief in the purity of the folks over at the Innocence Project. They are "true believers", and fanatics are far more likely to shade evidence than a salaried prosecutor going for another notch on his gun. Other than a few prosecutors who got too emotionally involved in child molestation cases, I have rarely seen that sort of fanaticism in an ADA. They don't get paid enough or promoted rapidly enough to get that fanatical, and only the DA himself is elected.

The one thing that makes me highly suspicious of TIP's motives is that they always proclaim their lucky beneficiaries "innocent" . . . when usually all they have managed to do is obtain a habeas writ on a legal error, often that Poulan Weed-Eater of appellate jurisprudence, "ineffective assistance of counsel."

209 posted on 05/03/2006 1:35:55 PM PDT by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: Stone Mountain
What do your friends who are defense lawyers say? : )

Aren't all defense attorneys liberals? 'Nuff said.

210 posted on 05/03/2006 1:36:06 PM PDT by Rockitz (This isn't rocket science- Follow the money and you'll find the truth.)
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To: RonF

Note that conviction of the innocent allows the real prep to commit more crimes. (And with the added advantage that the perp isn't even being sought anyomre for said case.)


211 posted on 05/03/2006 1:41:51 PM PDT by Doctor Stochastic (Vegetabilisch = chaotisch ist der Charakter der Modernen. - Friedrich Schlegel)
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To: Stone Mountain

I have enjoyed reading your posts on this topic. And, there was a time that I was a true believer in the justice system. Then I was terribly disillusioned by defense attorneys, then judges, and now have become disillusioned with prosecuting attorneys as well. To me, this seems related to a greater societal problem in that people in the employ (in one way or the other) of the public have forgotten that they are in that position to SERVE the public, not their own personal agendas. And, given that, I cannot automatically assume that a prosecutor who stamps his little feet about a guilty person is stamping his feet for true justice and not just stamping to get his own way. Maybe that makes me a cynic of the highest order. I don't know and frankly am not too concerned about that. :)


212 posted on 05/03/2006 1:42:49 PM PDT by delphirogatio
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To: delphirogatio; Stone Mountain

I used to have a very low regard for criminal defense attorneys. Not any more. It's the dishonest prosecutor that is a bigger threat to society. A good prosecutor can overcome a slimey defense attorney. A defendant overcoming a slimey prosecutor is much more difficult.


213 posted on 05/03/2006 1:47:47 PM PDT by connectthedots
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To: Stone Mountain
Well, here's a case in point. Moussaoui admitted that he was the 19th hijacker, and there was ample proof that he was, yet he will spend the rest of his days watching Oprah, eating at taxpayers' expense, and getting fresh air and exercise.

Imagine. This cretin was willing to assist in the murders of 3000 Americans, and announced that he was, yet he was spared the death penalty.

Some believe that the desolation of life in prison is a greater punishment than death. Perhaps it is. But my principal reason for supporting the death penalty is to prevent a heinous criminal from killing or committing heinous acts again, whether against prison personnel or in the event he were to escape.

Guys like Dahmer, and Geoghan (a serial killer and a clerical sexual abuser) were dealt prison justice. Unless Moussaoui is put in solitary confinement at Super-Max in Colorado, he will likely experience the same.

214 posted on 05/03/2006 1:48:08 PM PDT by sinkspur ( I didn't know until just now that it was Barzini all along.)
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To: L98Fiero

And who tells the jury what to do? If a juror today knows about jury nullification he or she will not be allowed to sit on the jury. Attorneys cost huge amounts and the rich are able to buy a better deal.


215 posted on 05/03/2006 1:49:06 PM PDT by winodog (I fear the swamp more then trespassers, muslims, china, etc,etc.)
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To: Stone Mountain
Defense lawyers just say that prosecutors are only interested in the next election, not guilt or innocence.
216 posted on 05/03/2006 1:49:56 PM PDT by Doctor Stochastic (Vegetabilisch = chaotisch ist der Charakter der Modernen. - Friedrich Schlegel)
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To: AxelPaulsenJr; Syncro; Coop; BulletBobCo; Malsua; Admin Moderator; Crackingham; ...
Here is more than you want to know about Crackingham... ;)

To pass the time in a boring presentation, I wanted to to answer Coop's question back to Crackingham in post #2: Coop to Crackingham: "Oh yeah? What do you think about the article you just posted?"

and also to confirm a remark by Synchro,"Har, good luck. This [Crackingham] isn't a person, it is an internet posting bot. "

Crackingham has posted 2,163 times.

Of these 2,163 times, 227 were posts made by Crackingham to other FReepers

The remainder - - 1,936 - - were unique threads posted by Crackingham for FReeper discussion

Crackingham signed up February 22, 2005. From February 22, 2005 to May 3, 2006 is approximately 435 days.

Crackingham has posted these 1,936 unique threads on 248 different days.

Crackingham' s ROTPS (Rate Of Thread Posting Statistic ;) so far has ranged from one thread per day to as many as 57 threads in one day!

There wer 20 different days in which Crackingham posted twenty (20) or more separate threads on each of those 20 days.

Note: I define a thread as a unique item for our comments as distinctly different from posting a comment to someone else's thread.

Some highs in the history of Crackingham's threads:

On July 11, 2005 Crackingham posted 57 unique threads

on October 20, 2005 Crackingham posted 44 uniquethreads, and

on March 22, 2005 Crackingham posted 40 unique threads.

On that particular July 11, 2005 day, when Crackingham posted his personal best high 57 unique threads it was in a 12 hour period from 12:03 AM EDT to 11:53 PM EDT at an average of one thread every 13 minutes. Whew!!

Because Crackingham posts approximately 9 times as many unique threads as he posts, to put it another way, the chance of getting a response from Crackingham is 10% on any given day.

In other words, if FreeRepublic were made up only of Crackinghams we would look like the MSM 90% of the time, just tossing stuff out there to see if it sticks.

Our collective hat should be off to Crackingham.... /s

217 posted on 05/03/2006 1:52:43 PM PDT by bwteim (Begin With The End In Mind)
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To: Doctor Stochastic

Yes, all the players are interested in something, aren't they? :) My point is that one cannot assume that the only interest of the state is justice.


218 posted on 05/03/2006 1:55:26 PM PDT by delphirogatio
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To: Rockitz; Stone Mountain; Crackingham; delphirogatio
As I've been told by my friends who are prosecutors, if there was a trial he was guilty of something.

Your proscutor friends who say this are scum.,P> Rockitz is apparently unfamiliar with the case of Edwin Wilson:

http://www.fas.org/sgp/jud/wilson102703.pdf

There is also the case where the FBI office in Boston framed a few guys for murder and the wrongfully convicted spent about 30 years in prison.

There are many, many others, including many you never hear about.

219 posted on 05/03/2006 2:02:54 PM PDT by connectthedots
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To: Stone Mountain; AxelPaulsenJr

if i was on a jury, I would be highly sceptical of testimony from an inmate. Any person with half a brain isn't going to discuss his case with another inmate, especially if he is guilty. An innocent inmate would also be wise to not discuss his case, either.


220 posted on 05/03/2006 2:10:13 PM PDT by connectthedots
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