Perry’s Obstruction of Justice: It Costs Lives. Will it Cost Texas Money?

By
Glenn W. Smith
– October 1, 2009Posted in: Uncategorized
camerontoddwillingham11 198x300 Perrys Obstruction of Justice: It Costs Lives. Will it Cost Texas Money?

Cameron Todd Willingham

When Rick Perry blocked a state investigation into the 2004 execution of  Cameron Todd Willingham, he subverted justice. He may cost Texas millions in federal dollars.

According to the Legislative Budget Board analysis of the 2005 bill creating the Texas Forensic Science Commission, a state must have an independent investigative process in place to look into “allegations of serious negligence or misconduct affecting the integrity of laboratories, facilities and other entities in the state that conduct forensic analyses used in criminal proceedings.” The LBB was quoting from federal law.

When the integrity of the independent agency is destroyed, what becomes of the federal funds to operate it? When Perry himself has committed “serious negligence or misconduct affecting the integrity” of investigations, what becomes of the federal money?

UPDATE:  Dallas Morning News editorial posted moments ago calls Perry’s action “malodorous” and says his firing of three forensics commissioners has “the stink of avoidance for political reasons.”

According to state budget documents, the Forensic Science Commission gets a paltry $250,000 a year in state funds.

A study of forensic accreditation efforts by the states had this to say about Texas:

It is interesting to note that while Texas House Bill 1068 did set up the oversight Commission, it did not provide a budget or any other method of funding.  The Department of Justice did grant Texas the Coverdell Forensic Science Improvement Grant in the sum of $729,000 (The Justice Project, 2006).  The problem is that in order to be eligible for this money, Texas must certify that “a government entity exists and an appropriate process is in place to conduct independent external investigations into allegations of serious negligence or misconduct by employees or contractors substantially affecting the integrity of forensic results” (The Justice Project, 2006, 1). The oversight   Commission in Texas would fit their outlined criteria and be eligible for the grant money if it were fully funded and operational.

Texas receives millions of dollars in federal Coverdell money. Has Perry jeopardized funding for criminal justice investigations in Texas by obstructing the work of the Texas Forensic Science Commission for political reasons?

A 2008 study by the U.S. Justice Department’s Office of Inspector General (attached to the Innocence Project Report) found many instances of unqualified recipients of Coverdell money.

Listen, however,  to the overall optimism of the 2008 report:

Texas became a model for responsible forensic oversight when the
State Legislature created the Texas Forensic Science Commission
to specifically handle the Coverdell investigations requirement.
The Commission agreed in August 2008 to investigate the integrity
of arson evidence in two convictions that resulted in death sen-
tences—one of which was carried out. Cameron Todd Willingham
was executed in 2004 for allegedly murdering his three young
children by setting fire to his Texas home. Arson experts argued—
both before and after Willingham’s execution—that the fire was not intentionally set. In fact, the kind of arson analysis that was
used to convict Willingham had already been seriously questioned
by national scientific experts before Willingham’s trial. Another
man, Ernest Willis, was exonerated eight months after Willingham’s
execution because forensic experts challenged the arson analysis
used to convict him. The Innocence Project, which filed the allega-
tion, charges that the Texas Fire Marshal applied invalid scientific
standards in the cases or, at the very least, failed to act when those
standards changed. The Texas Forensic Science Commission,
which is completely independent of the Texas Fire Marshal or any
other agencies connected to the Willingham and Willis cases, has
confirmed that an independent expert will begin the investigation
in early 2009 and will report back to the Commission later this
year.

That optimism must be shattered today. Perry has certainly destroyed the integrity of the Texas Forensics Commission. He’s jeopardized future investigations. He’s sacrificed the truth to his political whims. He may have cost Texas money.

The 2005 law that created the Texas Forensic Science Commission gave the governor four appointments to the nine-member commission. The Lieutenant Governor gets three, the Attorney General two. You can read the bill here. In 2007, Perry reappointed three of his four; a fourth filled an opening created by resignation.

Two days before the commission’s hearing into the 2004 execution of Cameron Todd Willingham, who experts say was innocent, Perry fired three of his four appointees: Austin attorney Sam Bassett, the commission’s chairman; forensic specialist Aliece Watts of Burleson;and, Fort Worth prosecutor Alan Levy.

Friday’s public hearing on the Willingham execution has been cancelled. Perry is playing politics with state’s authority to execute convicted criminals. Morally and politically, it doesn’t get any worse than that.

Related Articles:

  • No Related Related

About Glenn W. Smith

Glenn W. Smith has spent the past 30 years in journalism and politics, where he’s made a name for himself as a writer, campaign manager, activist, think tank analyst and, as Daily Kos founder Markos Moulitsas says, a “legendary political consultant and all-around good guy.” “There’s no one like him,” says author George Lakoff. CNN commentator Paul Begala says, “He has unmatched experience, a graceful pen (or pixel nowadays) and deep insight into the best and worst of us.” Novelist Sarah Bird speaks of his “lucid and lyrical” prose. And, she says, he’s fun. Huffington Post founder Arianna Huffington says Glenn writes with “grace and abundant humor” and “uses his colorful experiences in Texas to enlighten us all.”

Smith led Ann Richards’ successful 1990 campaign for Governor of Texas. He worked for former Texas Lt. Gov. Bill Hobby and U.S. Senator Lloyd Bentsen. Earlier, Smith was a political reporter for the Houston Chronicle and the Houston Post. He’s coordinated national campaigns for groups such as MoveOn.org. In 2004, he authored the highly acclaimed book, The Politics of Deceit: Saving Freedom and Democracy from Extinction. He also wrote Unfit Commander, a book that detailed George W. Bush’s mysterious disappearance from military service.

In 2004, Smith was featured in the film, Bush’s Brain, a documentary about Karl Rove. Smith provided commentary on Rove’s role as then-President Bush’s senior advisor. He has made numerous media appearances with Chris Mathews on Hardball, Joe Scarborough, Brit Hume, and many others. He writes a regularly for top national web sites, including FireDogLake and Huffington Post.

As a senior fellow at George Lakoff’s prestigious Rockridge Institute in Berkeley he studied, wrote and taught on the power of metaphor and narrative in political communications. He also lectured on religion and politics at the Starr King School for Ministry in Berkeley. As a sponsor and organizer, he has pulled together numerous national events with progressive religious leaders. He also organized a celebration of Dr. Martin Luther King at Riverside Church in New York City as well as “Freedom and Faith” bus tours, which was a nationwide campaign for social justice and progressive values.

Smith’s play, Double Play, which explored American Western myths and legends, was held over to sold-out audiences. He’s even written and performed songs in the Americana tradition, such as his best-known song, “Helping Marty Robbins,” a tribute to his hometown, Houston.

Most recently, Smith is the creator of DogCanyon, a political and cultural web site covering state, national and global issues from a Texas perspective. DogCanyon is an exhilarating and unique site that gets the connections between politics and culture and explores both the personal side of politics and the ups, down, craziness and beauty of “life its ownself,” as humorist Dan Jenkins would say. DogCanyon offers heartfelt personal essays, hard-hitting political analysis, and, most importantly, laughs.

As Paul Begala said, Smith writes in “the finest, firmest, fearless tradition of Texas essayists like Molly Ivins.”