Little noted in the coverage of Rick Perry’s obstruction of a state investigation into the execution of a man experts say was innocent was Sen. John Whitmire’s statement that he would call a hearing by the Senate Criminal Justice Committee he chairs to look into the issue. According to the Houston Chronicle’s Rick Casey:
…Whitmire also said he will schedule a committee hearing in about a month to ask Bradley in what direction he plans to take the commission. One likely question, said Whitmire: Will Bradley reschedule the Willingham arson matter before the March primary?
That likely will [be] a laboratory test of the hypothesis that Perry appointed him as a political puppet.
Last week, Perry scuttled the Texas Forensic Science Commission hearing into the evidence that convicted Cameron Todd Willingham, scheduled for last Friday. The governor, without warning, replaced three of his four appointees to the nine-member commission. The commission had been scheduled to hear from nationally recognized arson expert Craig Beyler, who had issued a report in August questioning the evidence in the Willingham case. Beyler wrote:
The investigators [in Willingham’s case] had poor understandings of fire science and failed to acknowledge or apply the contemporaneous understanding of the limitations of fire indicators. Their methodologies did not comport with the scientific method or the process of elimination.
Sen. Whitmire said he would bring Williamson County prosecutor John Bradley, Perry’s newly appointed Forensic Science Commission chairman, before his Senate committee. Craig Beyler should also testify, saying publicly what Perry stopped him from saying last week. A legislative committee shouldn’t pre-empt an executive branch function — even if it’s been obstructed by the governor. But Beyler has already publicly issued his report. Legislators have a right to hear it from the horse’s mouth.
Also somewhat lost in the outrage over Perry’s Nixonian action were statements from two of those let go from the Forensic Science Commission, Fort Worth prosecutor Alan Levy and Commission Chairman, Sam Bassett, an Austin lawyer. Neither man had prior knowledge that the axe was falling on their heads, and that raises further questions about Perry’s motives. Perry said his action was just “business as usual,” noting that the terms of the agency officials had expired. Operating under business as usual, their dismissals would not have been kept secret from them.
According to the San Antonio Express-News’ Scott Stroud, Basset was surprised.
Austin lawyer Sam Bassett got the call late Tuesday from Doris Scott, Gov. Rick Perry’s appointments manager.
“She said ‘Thanks for your service, he’s making new appointments to the commission and taking it in a new direction,’” Bassett recalled.
The Fort Worth Star-Telegram reported that Alan Levy was just as surprised.
“His reasons for doing it, I have no idea,” said Levy, a chief prosecutor in the Tarrant D.A.’s criminal division who has sent numerous defendants to death row. “I feel like a jilted lover, except that he’s prettier than I am.”
“I’ve got my own thought, but I don’t have any way of knowing,” Levy said. “It’s just odd. I’ll assume that this was just part of the normal process; but if it was, it certainly wasn’t handled the way it should have been.”
Missing in action was Sen. Kay Bailey Hutchiston, Perry’s GOP primary opponent. She’s made one weak statement, to the Dallas Morning News:
“Why you wouldn’t at least have the hearing that the former member suggested, to find out what the facts are, when a man has been executed and now the facts are in dispute – just like DNA has given more tools to determine the facts,” she said. “I am strongly for the death penalty, but always with the absolute assurance that you have the ability to be sure – with the technology that we have – that a person is guilty.”
Hutchison declined to say whether she believes Willingham was innocent.
“I answered your question,” she said. “To the best of my knowledge, I’ve answered your question.”
New Forensic Science Commission Chairman Bradly says he wants to get up to speed on the issue before deciding whether to reschedule the Willingham hearing. He can get up to speed very quickly if he’ll just read news coverage of the issue.
So far, that coverage has been extensive. Behind the scenes, however, some GOP types are working hard to spin down the issue. Texans support the death penalty, they say, and voters won’t care about this issue come March. Really? An innocent man is executed by the state, the sitting governor blocks an investigation of the tragedy, and voters won’t care?
The press has been aggressive so far in its coverage. Time takes its toll, though, and we’ll have to see if the intensity continues. Here is some other notable coverage.
The Forensic Science Commission began investigating the Willingham case in 2008, hiring Maryland fire investigation expert Craig Beyler to examine the evidence used to convince a jury the fire that killed Willingham’s three daughters was deliberately set. Levy said Thursday he told the governor’s office “that it would be disruptive to make the new appointments right now.”
“The commission was at a crucial point in the investigation,” he said. Asked about the future of the Willingham investigation, he said, “I don’t know if it will ever be heard.”
Levy, a top prosecutor in Fort Worth, Texas, said he had asked to remain on the commission, but received no response from the governor’s office. Sam Bassett, the panel’s former chairman, said he also asked to remain.
From the Texas Observer’s Bob Moser:
If it wasn’t clear before, it is now: Gov. Perry is unfit to make life-and-death decisions on behalf of the citizens of Texas. That’s one sad fact that surely has been proven beyond a reasonable doubt.
From the Dallas Morning News Editorial Board:
Gov. Rick Perry looks like a desperate man with his decision to jettison the chairman of the state’s forensic science panel.
The panel’s post-mortem look at the Cameron Todd Willingham arson-murder case goes to the heart of Texas justice – including the governor’s role in it – and whether an innocent man was railroaded into the death chamber at Huntsville.
Since Perry signed off on the Willingham execution in 2004, his own accountability is at stake. So perhaps it’s no surprise that two days before the Texas Forensic Science Commission was to proceed with the case this week, Perry replaced the chairman and set things back.
This has the stink of avoidance for political reasons. It sends the message – intentional or not – that the governor was displeased with the speed and direction of the inquiry…
…No, a painfully thorough look at the evidence is exactly what’s called for, with no more malodorous delays.
Here’s the CNN news story: