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Texas: Forensic Team Reviews Death Penalty Case

A state forensics panel on Friday assigned 4 of its members to review the arson case that resulted in the execution of Cameron Todd Willingham, who was convicted of killing his 3 children.

In a report prepared last year for the Texas Forensic Science Commission, fire expert Craig Beyler found fault in the investigation that led to Willingham's conviction. But in September, 2 days before the commission was to discuss the report and question Beyler, Gov. Rick Perry replaced 3 of its members, including its chairman.

The new chairman, John Bradley, the Williamson County district attorney, canceled that meeting.

Without Beyler's finding, prosecutors have admitted it would have been hard to win a death sentence against Willingham.

The investigative panel was confirmed Friday at a commission meeting in Irving. It will include Bradley, Fort Worth defense attorney Lance Evans, Tarrant County Medical Examiner Nizam Peerwani and Sarah Kerrigan, a forensic toxicologist and director of a crime lab at Sam Houston State University.

Like Bradley, Evans and Peerwani were appointed to the commission late last year. Kerrigan has been on the commission since 2007.

During Friday's meeting, Bradley initially said Kerrigan would not be serving on the investigative panel because of personal issues and appointed Evans to replace her. However, at Evans' suggestion, the panel was expanded to 4 members and Kerrigan agreed to stay on.

"Obviously, everybody is aware of the public perception regarding this investigation," Evans said, explaining why he believed a 4-person panel would be best.

Willingham, an unemployed mechanic from Corsicana, was executed in 2004 after being convicted of capital murder for setting a 1991 house fire that killed his 3 daughters.

Beyler said in his report that the investigation of the fire was so seriously flawed that its conclusion of arson can't be supported. The report said the fire investigation didn't adhere to the standards of care in place at the time, or to current standards.

Source: Associated Press, April 24, 2010

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