Texas criminal justice watchdogs are examining records from hundreds of arson convictions to try to weed out examples of the same junk science that was used in the Cameron Todd Willingham conviction.
At the request of the state's top forensic panel, the Texas Innocence Project has discovered that the majority of Texas' 1,025 arson-related crimes in recent years amount to trash bin fires and crimes of men who torch their girlfriend's drapes.Of those, a dozen could echo the faulty science that was used to convict Willingham of the arson that killed his three young daughters, said Jeff Blackburn, chief counsel for the Innocence Project of Texas."We might actually get some innocent people out of prison, and that's our goal," Blackburn said.By endorsing Blackburn's work, the Texas Forensic Science Commission is expected to send a clear message to fire investigators in the state of the proper protocols to use in handling arson-related cases.For many months, commissioners have been calling for additional reviews of arson-murder cases like Willingham's because evidence was analyzed by methods now called into question or proved wrong. Commissioners issued a report on the Willingham case that highlighted examples of some of that outdated science and said that some methods used were little more than an oral history passed down from older fire investigators to newer arson investigators.Commissioners also have said that they don't have the jurisdiction to investigate these cases, but they have told the Texas Innocence Project to team up with the State Fire Marshal's Office to determine whether the state has incarcerated people for arson-murders based on outdated science.Some skeptics had said that efforts to review so many cases would be unbearably difficult and questioned whether it was worthwhile. But it now appears that it is moving forward.Blackburn says that by spring, his staff may be able to zero in on some worthy cases. He is guessing the total under rigorous examination will be "more than 10 ... less than 15."In May, former Houston Fire Chief Chris Conneally was named the new state fire marshal. Conneally says he will use the commission's report on the Willingham investigation as a "blueprint" for change."We are indeed embarking on a good amount of training and updating our standard operating procedures, forming a scientific advisory committee of different experts noted around the country,'' Conneally said.One effort is to develop a three-year training program, he said."This is not a quick fix as you know, but certainly we're committed...," he said.A panel of fire science experts will likely be formed to conduct the review of worthy cases, Blackburn said."I'm totally enthused about what we're going to be able to accomplish," he said. The state fire marshal's "mind is open. They're willing to do the work."We're going to get a panel of experts we can all agree on," Blackburn said.At the commission's July 27 quarterly meeting in Austin, some members were eager to get glimpses of Blackburn's preliminary findings. So far, he said, his staff has whittled down the number to 25 or 26 cases, he said.Commissioners also pressed to know whether early findings already duplicate issues raised in the Willingham investigation. Willingham was executed in 2004.For example, in the Willingham case, as with a number of cases years ago, certain pour patterns and heat indicators prompted investigators to immediately conclude that accelerants were present. With that, an arson finding was determined, even without supporting lab results.If there's any "pattern" at all in the arson cases under review, Blackburn said, it is a poor criminal defense attorney and incomplete case transcripts."The common denominator is a bad lawyer," he said. "And you got a transcript that really doesn't tell you very much and an arson expert who nobody ever bothered to take to task."Commissioners also directed Blackburn to hear updates of his examination of arson cases at quarterly meetings. The commission's next meeting is Oct. 6.Yamil Berard, 817-390-7705Twitter: @yberardHave more to add? News tip? Tell us
