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Inside the case at the center of Texas' death penalty dispute
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AUSTIN — The uproar over Cameron Todd Willingham could help transform the Texas Forensic Science Commission from an anemic, poorly funded agency into a muscular watchdog with greater powers to oversee forensic investigations, a key lawmaker said Monday on the eve of a long-awaited committee hearing.
"This commission has been treated like a stepchild from the beginning," said Sen. John Whitmire, D-Houston, chairman of the Senate Criminal Justice Committee. "Maybe we’re fixing to have something really good come out of this. There is a real possibility that we could come out with a more effective and stronger commission."The commission’s new chairman, Williamson County District Attorney John Bradley, will appear before the committee today to outline his long-term goals for the panel and his plans for pursuing a stalled inquiry into an 18-year-old arson investigation that led to Willingham’s execution in 2004.Willingham, of Corsicana, was convicted of capital murder for setting a house fire that killed his three daughters. He repeatedly insisted that he was innocent.Whitmire called the hearing after Gov. Rick Perry abruptly replaced three members of the commission Sept. 30 as it was preparing to hear from fire expert Craig Beyler, who concluded that the 1991 investigation was flawed and did not sustain an arson finding. Eight other fire science experts have reached similar conclusions.In a commentary distributed to major Texas newspapers over the weekend, Bradley said the Willingham inquiry "will be completed." But he also asked the public to "be patient and permit the commission to apply a disciplined, scientific approach to the investigation."Sen. Rodney Ellis, D-Houston, a committee member, said he wants Bradley to give a "clear picture" on when the commission plans to return to work on the Willingham inquiry and a related case. "There is no good reason for further delay," Ellis said.He also questioned statements by Bradley that he wants to restrict information about the commission’s deliberations until a final decision is made. "The public needs to know more, not less," he asserted in an e-mail.Nevertheless, the commission last month did not release complaints, a chart showing the status of complaints and some other information requested by the Star-Telegram under the Texas Public Information Act. Instead, it asked the attorney general’s office to rule on whether the information withheld was exempt from disclosure.The attorney general’s office, however, has repeatedly advised commissioners since 2008 that such records are subject to public disclosure.Perry’s shake-up of the commission prompted accusations that the Republican governor, who denied a last-minute appeal to postpone Willingham’s execution, was trying to undercut the inquiry. Beyler, who was hired by the commission in late 2008, has demanded that Perry’s new appointees resign and relinquish their posts to their predecessors.Whitmire, in a telephone interview Monday, said Beyler overstepped his role in making the statements, thus raising questions about his objectivity. "The process would have been better served if he had kept his mouth shut," Whitmire said.Beyler did not immediately respond to an e-mail seeking reaction to Whitmire.Although the Willingham case will undoubtedly be discussed, today’s hearing is not likely to focus on the merits of the case and instead will examine the long-term role of the Forensic Science Commission, which lawmakers created in 2005 to investigate allegations of "negligence or misconduct" involving forensic analysis. "We’re not going to retry the Willingham case in committee," said Sen. Kel Seliger, R-Amarillo, the committee’s vice chairman. "This is . . . about the future."Staff writer Yamil Berard contributed to this report.DAVE MONTGOMERY IS THE STAR-TELEGRAM’S AUSTIN BUREAU CHIEF. 512-476-4294
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