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Evidence Builds That Perry's Office Pressured Panel On Willingham Probe

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Gov. Rick Perry (R-TX)

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Things are looking worse and worse for Texas governor Rick Perry, accused of stifling a state panel's probe into that flawed arson investigation that may have led to the execution of an innocent man.

Sam Bassett, the former chair of the Texas Forensic Science Commission, has now told the Houston Chronicle that lawyers for Perry told him the case was inappropriate, and that the hiring of a nationally known fire expert was a "waste of state money."

Over the weekend, Bassett had said he was pressured by the governor's lawyers.

Meanwhile, Perry's GOP rivals are slamming his handling of the issue, and accusing him of a cover-up. As governor, Perry signed off on the execution, despite receiving eleventh-hour documents from lawyers for the convicted man, Cameron Willingham, containing evidence that the original investigation was badly flawed.

Last month, Perry, a Republican, had declined to re-appoint Bassett, as well as several other commissioners whose terms had expired. Bassett has since suggested that the decision was part of an effort to stymie the Willingham inquiry.

Bassett's replacement as chair, John Bradley, immediately canceled a hearing at which the nationally known arson expert, Craig Beyler, was scheduled to testify, and has not said whether it will be rescheduled.

Bassett told the Chronicle he had been summoned to a meeting earlier this year with Perry's then-General Counsel David Cabrales and Deputy General Counsel Mary Anne Wiley. He described it as "progressively confrontational."

Reports the paper:

As Bassett outlined the commission's investigations of the Willingham case and that of Brandon Lee Moon, an El Paso man wrongly convicted of sexual assault, Cabrales told the chairman "he didn't think those kinds of investigations were the kind contemplated by the statute," Bassett said.

"I think he said something along the lines that we should be more forward-looking, more current rather than examining older cases," Basset said. Later in the discussion, Bassett said, he was told the Moon investigation was appropriate, but the Willingham case was not.

It continues:

At one point, the lawyers asked Bassett how the panel chose Beyler to review the Willingham case. Bassett said he explained state regulations, requiring the soliciting of bids, were followed. When Wiley asked how much Beyler had been paid, Bassett said he responded, "$30,000, maybe a little more."

Wiley then remarked, "That sounds like a waste of state money," according to Bassett.

Said Bassett: "I was surprised at the level of involvement that they wanted to have in commission decision-making."

Perry is in a tough re-election fight, and his rivals for the GOP nomination are jumping on the story.

Sen. Kay Bailey Hutchison told a radio interviewer yesterday that Perry "made a mistake in trying to ramrod a covering-up of what might be more evidence for the future."

And a lesser-known candidate, GOP activist Debra Medina, told the Star Telegram of Fort Worth:

This constant changing of the guard when he doesn't like the findings is more evidence that the governor behaves more and more like a tyrant, 'off with their heads' when people don't agree with him.

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20 comments

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October 14, 2009 10:46 AM   

I wonder what the arson expert's conclusions are about the case. I'd also like to know more about the sexual assault case.

What is the purpose of the Texas Forensic Commission and how long has it been in existence? I am particularly interested in knowing if it was established out of concern for the reputation Texas now has for railroading cases involving violent vrime through the system.

I am somewhat skeptical that Kay Bailey Hutchinson has any real concern about a coverup in the Texas justice system.

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October 14, 2009 12:07 PM    in reply to Mrs Panstreppon

In mid-August, the noted fire scientist Craig Beyler, who was hired by the commission, completed his investigation. In a scathing report, he concluded that investigators in the Willingham case had no scientific basis for claiming that the fire was arson, ignored evidence that contradicted their theory, had no comprehension of flashover and fire dynamics, relied on discredited folklore, and failed to eliminate potential accidental or alternative causes of the fire. He said that Vasquez’s approach seemed to deny “rational reasoning” and was more “characteristic of mystics or psychics.” What’s more, Beyler determined that the investigation violated, as he put it to me, “not only the standards of today but even of the time period.”

That comes at the end of a long account of the case at http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann?currentPage=all

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TM

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October 14, 2009 2:09 PM    in reply to Ann Arbor

Thanks for the link. I had been looking for more details on what happened. Sad sad horrible crime committed against Willingham.

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October 14, 2009 9:59 PM    in reply to Ann Arbor

Thank you.

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October 14, 2009 1:04 PM    in reply to Mrs Panstreppon

Mrs P,

short version: Willingham was convicted based on outdated arson forensics based on 'pour patterns' - Arson Investigator Beyler disproves it employing a concept called flashover.

even worse for Perry, Texas almost executed Ernest Hollis in 04, but he was exonerated using the flashover vs pour pattern evidence - so it's not like the state is unfamiliar with the concept

http://crime-scene-processing.suite101.com/article.cfm/another_case_of_failed_forensics

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October 14, 2009 2:56 PM    in reply to izzatxeaux

More specifically. Those outdated forensics were outdated even at the time of trial.

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October 14, 2009 11:12 AM   

What I want to know is what was the governor's office doing on the night of the execution that caused them to either ignore or miss the exculpatory report. That's why they're covering this up. They could have said that they read the report and decided that its contents did not merit postponing the excution but they don't seem to have done so. I think that the report lay in somebody's inbox untouched until it was too late.

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October 14, 2009 11:47 AM    in reply to Nowukkers

That's what FOIA's are for.

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October 14, 2009 12:05 PM    in reply to Nowukkers

Bush never even pretended to inform himself before signing off on executions.

I doubt there was any interest at all on Perry's part in the contents of the report, whether it was read and ignored, left in the inbox, or chucked into file 13. As far as I can tell, the Governor's job in Texas consists of 1) signing as many death warrants as possible, and 2) showing up at the rodeo.

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October 14, 2009 5:27 PM    in reply to Nowukkers

The Texas board of pardons and Gov Perry take pride in never overturning an execution. In other words, the exculpatory evidence was roundly ignored whether or not it was read.

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LFC

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October 14, 2009 12:11 PM   

"Gov. Rick Perry. Tough on crime, even crime that doesn't exist."

Now that's a campaign slogan.

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October 14, 2009 1:54 PM    in reply to LFC

Better yet:

"Rick Perry: Tough on criminals. Tough on the innocent."

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October 14, 2009 12:20 PM   

Other than losing re-election is there any legal jeopardy Gov. Perry could find himself in?

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October 14, 2009 1:15 PM    in reply to Walter Mitty

sadly, wrt to legal jeopardy, you would have to prove he intentionally ignored exculpatory evidence. and that would be tough

he's toast just the same.

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October 14, 2009 12:33 PM   

the replacement Chair, John Bradley, is our DA, and deserves to be ensnared in Perry's ever expanding cover up

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October 14, 2009 1:53 PM   

You know, I'm against the death penalty, but I'd be prepared to make an exception just for Gov. Goodhair. I also might not mind too much if he were tortured first. What a despicable piece of garbage he is.

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October 14, 2009 2:45 PM   

@ izzatxeau: The moment I read "D.A. from Williamson County" in the story that first broke, that was all I needed for my "Yep, corruption" confirmation. You know, aside from the first occurrence of "Governor Perry."

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October 14, 2009 4:07 PM   

Last month, Perry, a Republican, had declined to re-appoint Bassett, as well as several other commissioners whose terms had expired.

The commissioners terms had not expired; they were about to expire (which provided a nice excuse for Perry).

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October 14, 2009 7:35 PM    in reply to AliceG

No, the terms had expired Sep. 1. Gov. Goodhair left them in place until they scheduled the hearing, then suddenly decided it was time to fill those seats with somebody else. He didn't actually do anything illegal with the appointments, just immoral.

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October 14, 2009 6:20 PM   

According to Justice Scalia in a 1989 opinion defending the death penalty, there has not been..."a single case — not one — in which it is clear that a person was executed for a crime he did not commit."

The Willingham execution is the first chance to prove Scalia wrong, which puts it, and Perry, into the national spotlight.

Gov. Perry is toast.

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