Perry’s response was no, he had yet to lose sleep over having signed any death warrant. Because of the built-in safeguards, Perry said he was sure anyone executed in Texas under his watch deserved what they got.
That would include Cameron Todd Willingham, a Corsicana, Texas native who was convicted of murder after a house fire he was accused of setting on December 23, 1991 resulted in the death of his three daughters, two-year old Amber Louise and one-year old twins Karmon Diane and Kameron Marie.
Arson was suspected by investigators who found what they took to be pour patterns formed by a liquid accelerant. There were also signs that the fire had burned hottest near the floor as well as signs that the fire burned quickly and very hot, and that it had multiple points of origin, much the way one would have behaved if there had been an accelerant involved.
Willingham was offered a plea deal before the trial; plead guilty and he would get a life sentence. Otherwise he would face the death penalty. But he turned down the offer and insisted he was innocent of the charges.
The trial that placed Willingham on death row had all the earmarks of trials that make the use of the death penalty so questionable. It was over in two days. Willingham was defended by court-appointed attorneys who lacked the wherewithal to question the evidence against him. In his defense, his attorneys called one witness, and within one hour of having started deliberation, the jury came back with a conviction, and as he was promised, Willingham was given a death sentence in Aug. of 1992.
Those appeals meant to insure that this death penalty was just did nothing to overturn this conviction. It wasn’t until weeks before he was scheduled to be put to death in 2004 that Willingham finally had any hope at all. Dr. Gerald Hurst, a renowned fire investigator, looked into the evidence used to convict him.
Dr. Hurst suggested the prosecution witnesses’ conclusion that the fire was deliberately set was based on old wives tales. What these expert witnesses took to be signs of arson were rather indicators of flashover. This occurs when a fire starts in a house and smoke banks down from the ceiling, quickly spreading heat and flammable gases and fire throughout the house, giving all the indicators of a fire started by an accelerant if misread. There was no real evidence, Dr. Hurst concluded, to indicate that this was an arson fire.
The report Dr. Hurst prepared was sent to the Texas Board of Pardons and Parole and to Gov. Perry. If failed to sway either of them. With evidence in hand that should have halted the execution, the Gov. signed the death warrant and on February 17, 2004, Cameron Todd Willingham was put to death still maintaining his innocence.
The New Yorker published a story about Willingham’s execution in its September 8, 2009 issue called Trial by Fire, available online at http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann.
