Geese and Gander: When Is An Arson Expert Legit?

By
Glenn W. Smith
– October 15, 2009Posted in: Politics

gooseganderweb Geese and Gander: When Is An Arson Expert Legit?Gov. Rick Perry mocked arson experts who said the scientific evidence in the Cameron Todd Willingham case was flawed.

Perry’s former general counsel, David Medina, and his wife Francisca have a different opinion of independent forensic experts, at least when it’s their skin that’s saved. They escaped criminal prosecution because of them.  Medina was Perry’s counsel in February, 2004, when the first of three experts faxed his report to the governor’s office questioning the Willingham evidence — 88 minutes before Willingham was killed. If read by Perry, Medina or other’s in Perry’s office, the report made no difference. Perry refused to stay the execution.

I think it’s safe to say that Perry and the Medinas are quite happy that the courts gave the experts hired by Francisca Medina’s attorneys more attention than Medina and Perry gave experts hired by the Texas State Forensic Commission or others who questioned the forensic evidence in the Willingham case. What’s good for the geese is good for the geese, gander be damned.

Here’s what Perry said about the independent experts who said there was no real evidence the fire that killed Willingham’s children was even arson, but was probably caused by faulty wiring:

Perry recently discounted the findings of a myriad of scientists, who in three separate reviews concluded that Willingham fire investigators relied on old, discredited indicators of arson – “wives’ tales,” as some called it. They said the fire might have been caused by a faulty space heater or bad wiring.

In an interview last month with The Dallas Morning News, Perry said, “I’m familiar with the latter-day supposed experts on the arson side of it,” and made quotation marks with his fingers to underscore his skepticism. He said the records he reviewed before allowing the execution showed “clear and compelling, overwhelming evidence that he was in fact the murderer of his children.”

Here’s what Medina attorney Dick Deguerin said about the arson experts who found that the 2007 Medina house fire could have been caused by faulty wiring:

Francisca Medina’s attorney, Dick DeGuerin, says that last week he provided the DA’s office with a report prepared by independent fire experts who found that the evidence did not prove arson. “Our experts believe that it could not be called an arson fire,” DeGuerin says.

Steve Baldassano, the assistant DA handling the case since January, says his office didn’t have sufficient evidence to prove arson. “We couldn’t eliminate an electrical malfunction,” says Baldassano.

So, the Medina’s walked because of “latter day, supposed experts” Perry ridiculed. Obviously, if the experts are employed by the politically powerful their expertise must be considerably enhanced, otherwise Perry would have to ridicule the independent experts in the Medina case. That would require him to admit his appointee to the Texas Supreme Court might be a “monster,” as he called Willingham this week.

The parallel is incredible, really. The indictment against Francisca Medina was dismissed because independent experts said the fire could have been started by faulty wiring. Willingham was executed after Perry’s office rejected an independent expert who said the fire that killed the Willingham children was probably not arson, but caused by faulty wiring.

Perry’s outburst yesterday — he called Willingham a “monster” — is a good indicator that the issue has gotten to him. Conventional wisdom is that uninformed voters will take the controversy as a debate over the death penalty. Most Texans are far more discerning than that, however. Only the most dangerously unbalanced will say it doesn’t matter if an innocent man is killed. Those sick ones will probably vote for Perry, and the issue might help them with his base in his primary fight with U.S. Sen. Kay Bailey Hutchison.

But it will hurt him in the long run. Why? Because his actions — obstructing an investigation by his own agency, keeping secret the Willingham paperwork, memos and emails, etc. — are building a good argument against the death penalty.  I think even tough-on-crime prosecutors recognize this. Perry is poisoning their jury pools. Most importantly, most Texans cringe at the prospect of the cavalier state murder of innocents. Of course.

Now it appears that the cover-up may be motivated, in part, by an effort to save Perry and Medina embarrassment. Those are the kinds of political missteps that get incumbents beat.

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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.”