The Haunting of Rick Perry

Texas Governor Rick Perry

Should Gov. Rick Perry of Texas enter the 2012 presidential race, he would enjoy a strange and remarkable escort — the irrepressible ghost of Cameron Todd Willingham.

Charged with the horrific crime of intentionally torching his home and leaving his three daughters to the blaze, Willingham’s 1991 conviction and 2004 execution were secured by two great bugbears of America’s criminal justice system: pseudoscientific forensics and the compromised testimony of a jailhouse snitch.

The fire investigators who fingered Willingham relied on the kind of sorcery that fire scientists have tried for the past 20 years to chase from the field. The informant, for his part, claimed that Willingham had inexplicably blurted out a confession, then recanted his tale. Then, in the words of New Yorker reporter David Grann, he “recanted his recantation.” When Grann tracked him down in 2009, he told him that “It’s very possible I misunderstood” what Willingham said, pausing to add “the statute of limitations has run out on perjury, hasn’t it?"

Perry was unswayed by pleas from Willingham’s lawyers and rejected their request for a 30-day reprieve. This registers as a rather mild atrocity in Texas, a state that does not so much tinker with the machinery of death as it gleefully fumbles at the controls.

In 2000, an investigation by The Chicago Tribune found that almost one-third of court-appointed defense lawyers in capital cases in Texas had, at some point, been publicly sanctioned by the state’s trial board. The Tribune uncovered cases of lawyers falling asleep at trials, engaging in extortion and assaulting teenage girls. Prosecutors and police were found concealing evidence or worse. In 1980, Cesar Fierro received the death penalty on the strength of a confession secured after an El Paso sheriff colluded with police across the border in Juárez, Mexico, who arrested Fierro’s parents and threatened to attach an electric generator to his stepfather’s genitals. Fierro is still on death row.

Texas regularly executes more criminals than any other state, and does so in such haphazard fashion that it could be comic. Except people are dying.

In 2005, Texas created a state commission to investigate the use of forensic science in criminal trials. The Willingham case was one of first on the docket.

But, in 2009, Perry, anticipating a primary fight, subverted the commission by replacing its chair in the midst of the Willingham investigation. The new panel chair promptly canceled the hearing and declined to hold more for the rest of the year. The Willingham case did not appear in the commission minutes until April, a month after Perry had won the Republican primary.

The employment of lethal force is perhaps the greatest power afforded a state by its citizens. Thus the death penalty debate is ill-suited for those who would shrink from the implications of either its deployment or abrogation.

I am opposed to the death penalty. But my opposition is tempered by the belief that Americans support capital punishment for real and substantial reasons. The unfortunate fact of humanity is that it tends to regularly birth butchers who think nothing of concealing their work beneath a seductive mask of victimhood.

Thirty years ago, Roger Keith Coleman raped and stabbed to death his sister-in-law Wanda McCoy in the mining town of Grundy, Va. Sentenced to die, Coleman spent the rest of his life seducing activists and enrolling them to the cause of his innocence. On the eve of his death, Coleman was awarded a platform by the likes of “Good Morning America,” “Today,” “Larry King Live” and Time magazine. Meanwhile, McCoy’s family, and the small town of Grundy, endured the scornful eye of the nation and the implicit inference that hicks from Appalachia were set upon enacting frontier justice. So convinced were Coleman’s advocates, that after his execution in 1992, they pressed for a postmortem DNA tests. Those tests confirmed Coleman’s guilt.

Whenever tempted by moral dudgeon, it should be remembered that abolishing the death penalty would mean asking decent people to tolerate the lives of criminals who revel in the abuse of that tolerance. Opposing the death penalty is not rooted simply in the pursuit of justice, but, perhaps more firmly, in understanding the world’s fundamental injustice, and the ease with which an attempt to permanently balance the scales ultimately imbalances them further. For want of this lesson, Texas may well have executed an innocent man.

Whatever one thinks of the death penalty, the accounts of those who would seek to conceal the results of their theory should be closely checked. If only for that reason, the prospect of Governor Perry as commander in chief induces a chilling nostalgia. Indeed, choosing a leader of the free world from the ranks of those who sport a self-serving incuriosity is a habit, like crash landings and cock-fights, best cultivated in strict moderation.

Once a century should suffice.

Source: Ta-Nehisi Coates, a senior editor at The Atlantic, is a guest columnist; New York Times, June 22, 2011

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