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Former Panel Chair Says Perry's Office Pressured Him On Death Penalty Probe


Gov. Rick Perry (R-TX)

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It's starting to look more and more like Texas governor Rick Perry orchestrated an effort to thwart a state probe into an arson investigation that may have led to the execution of an innocent man.

Sam Bassett -- the former chair of the Texas Forensic Science Commission, who Perry declined to reappoint last month -- is now saying that Perry's aides tried to pressure him over the direction of the inquiry his panel was conducting into the steps that led to the 2004 execution of Cameron Todd Willingham for arson. Perry, as governor, signed off on the execution, despite clear evidence that the investigation was flawed.

Bassett told the Chicago Tribune over the weekend that he twice was summoned to meetings with Perry's top attorneys, who said explicitly that they were unhappy with the how the panel's probe was being conducted. At one meeting, Perry's lawyers questioned how much it was costing, and asked why the panel had hired a nationally known arson expert -- rather than a Texas fire scientist -- to look into the case. Bassett added that after that meeting, a staffer from the Texas general counsel's office started attending commission meetings.

Said Bassett to the Tribune:

I was surprised that they were involving themselves in the commission's decision-making. I did feel some pressure from them, yes. There's no question about that.

Nor is Perry's office being transparent about the issue. Over the weekend, it refused a request from the Houston Chronicle to release documents that would shed light on how -- or whether - it reviewed a report from Willigham's lawyer, sent hours before Willingham alerting the governor to serious flaws in the arson investigation. Perry's office argued to the paper that staff comments and analyses of the report aren't public records.

Since the controversy over Bassett's ouster erupted last month, Perry has pointed out that Bassett's tenure was expired, and that the governor merely declined to reappoint him. But an advisory lawyers group, as well as several members of the panel itself, had urged Perry to keep Bassett on. And the decision not to reappoint Bassett came just days before the panel was to hear testimony from Craig Beyler, a nationally known arson expert who argued in a report that methods used in the investigation could not support the finding of arson.

The new chair appointed by Perry to replace Bassett, conservative prosecutor John Bradley, called off Beyler's testimony, saying he and other new panel members needed more time to get up to speed on the case. Bradley has not said whether Beyler's appearance will be rescheduled.

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37 comments

Recommend Recommend (15)

October 12, 2009 11:00 AM   

Leave it to Texas to produce an even lamer Govenor than George Bush!

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October 12, 2009 11:08 AM   

Just like Bush to pay no attention to whether anybody's guilty or innocent. Perry's just Bush with better hair.

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EH

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October 12, 2009 1:36 PM    in reply to brantlamb

He even looks like Josh Brolin with a wig and some makeup.

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October 12, 2009 11:24 AM   

Perry graduated from a well known Texas school known for its students' integrity and service to the nation. Unfortunately,it appears that Perry has sold his soul to politics in lieu of the truth. While I thought that Perry would at least be ethical based upon the ethics emphasized at his institution of higher education, it fully appears that Perry has sold his sole to the devil.

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October 12, 2009 12:25 PM    in reply to Bill

No, Perry graduated from Texas A&M, a school that gives lip service to honesty, personal integrity, etc. While some Aggies are smart and contribute in a positive way (for example, a few of my doctors are Aggies) the school is a running joke. Perry is Exhibit #1.

It's painfully obvious that neither Perry nor his advisors bothered to read any expert reports prior to murdering Willingham. Perry's recent comments regarding said experts (he used air quotes) confirms that. Science? We don't need no stinkin science! So, now the coverup ensues. The objective is to delay this beyond the election. I am glad to see TPM is aggressively covering this. I wish the Texas media would be as aggressive, so that we do not have to read about Perry's goons pressuring the Commission in the Chicago Tribune.

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October 12, 2009 1:16 PM    in reply to TexasFilly

In San Antonio, all the media is hell bent conservative. KENS, KSAT, WOAI, you name it. Forget about radio, KTSA 55am has the absolute right wingers for hosts, starting with Trey Ware. Sorry to say, but they were part of the Tea Baggers cheerleading team here also.

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October 12, 2009 12:39 PM    in reply to Bill

Which nation?

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October 12, 2009 11:27 AM   

There's nothing to joke about here. If these allegations are true, then Perry is at the very least a moral accessory to a judicial murder. To me this case is a shining example of the systemic failure of the appeals process in death penalty cases.

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October 12, 2009 11:58 PM    in reply to JerseyCurmudgeon

unfortunately, this is an all-too-common pattern with texas governors.

governor bush and alberto gonzales are on record as reviewing some execution appeals in less than 10 minutes.

the catch is, both governors bush & perry speak to their constituency. most texans are much more interested in football than accidentally executing an innocent man.

it's nothing personal, really. they just don't care.

before you all flame me too much - i was born and bred a texan boy. my family still lives there. and if you think the nutjobs are only in the cities - well - make sure you're driving through the state with a reliable car and a full tank of gas.

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October 12, 2009 12:14 PM   

Although leading Texas politicians seem to be the most vicious and sociopathic of those with life-and-death decisions in these capital punishment matters, the behavior expresses itself nationwide to varying degrees. A recent analogy that I found apt compares the behavior of aspirants to higher office with those aspiring to join the most violent street gangs. Individuals in both groups often seem to feel the need to "earn their colors" by whacking someone. In the case of our national politics, it is disturbing that there is the appearance of a requirement for this rite of passage. What would be even more disturbing, however, is that demonstrating that one is truly a bad-ass politician is in fact a real requirement for receiving measurable support on election day. If that is the case, this sociopathy must have some pretty deep roots in our national culture.

The strange and disturbing path traveled by Bill Clinton demonstrates this, especially in the case of executed felon Ricky Ray Rector who, unlike this victim of the Texas "justice system" and Gov. Perry, appears to have been guilty of murders, but whose level of mental retardation suggests he never even knew what he had done wrong, and was thus likely incapable of remorse. However, it was Clinton's enthusiasm for approving Rector's execution that was most intriguingly disturbing from the perspective of sociopolitical dynamics. Although cold (and perhaps sadly valid) political calculation may have led Big Dawg to the decision to approve the execution, would a politician really lose that much support by at least showing some regret while signing off on someone else's death, even for a person guilty of the most heinous crimes? Collectively, I wonder if we wear our "civilized nature" as a thin dust on a more savage and primal body.

As an aside, that Wiki entry on Rector notes that the Supreme Court banned the execution of the mentally retarded in 2002 (Atkins v. Virginia), by virtue of being cruel and unusual punishment. Texas has gotten around this inconvenient ruling by not providing mental health evaluations for indigent people charged with capital crimes. Hah! Take that, poor people!

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October 12, 2009 12:39 PM    in reply to mepmep09

To clarify the time line in my comment: Ricky Ray Rector's state of mental health became an issue after he committed the two murders, when he attempted suicide by firing a bullet into his head. He obviously didn't die from this, but the damage from the bullet resulted in the same kind of brain damage (frontal lobe) that a lobotomy causes.

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October 12, 2009 12:15 PM   

From that linked Chron article:

"Gov. Rick Perry's office is refusing to release information about how it reviewed an attorney's attempt to stop an execution based on an arson expert's report, arguing that staff comments and analyses of the report aren't public records."

What complete nonsense. Tax payers paid for it? It's public record.

You people have my sympathies until you this guy is removed either by election or some form of court/legislative/legal decision.

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October 12, 2009 12:24 PM   

Read the article in the New Yorker re: this execution- http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann

It appears, to my reading of this, that they *did* execute an innocent man. Now, whether Perry is trying to punt? I wouldn't be surprised.

He doesn't stand "Willingham's chance" of winning against Kay.

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October 12, 2009 12:27 PM    in reply to LBJs Brain

I hope you are correct but there are many idiots voting in Texas. The Aggies love Governor Goodhair and he can do no wrong in their eyes.

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October 12, 2009 12:39 PM    in reply to TexasFilly

That's "Seccession" Governor Goodhair to you!

Seriously, I guess I may be laboring under the illusion that there are still "rational" Republicans here in Tejas. I don't vote for the GOP ever but I may make an exception in this race. Good Lord.

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October 12, 2009 2:29 PM    in reply to LBJs Brain

That is a difficult decision that I have been grappling with myself. I have, in the past, voted in the GOP primary because there was no Democratic primary. Since judicial races became all in the GOP, and I have friends who were running, I voted in that primary.

I have received heavy criticism on some progressive blogs for suggesting I might have to support Kay. I really don't believe that any of the prospective Democrats have a snowball's chance in hell of winning. I am certainly no fan of Kay Bailey but Perry's got to go.

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October 12, 2009 6:07 PM    in reply to TexasFilly

So, Hutchinson winning would be a good thing?

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October 13, 2009 9:19 AM    in reply to cawleybo

No, Kay is not good. That's the problem. She's better than Perry (I think). While she has been a lock step Rethug in the Senate, she does have a law degree (a real one, not an Orly Taitz one), unlike Perry, and that MAY at least compel her to take last minute appeals more seriously.

There IS no good candidate in the Governor's race. And given past voting in Texas, I think it will be decided in the GOP primary.

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October 12, 2009 12:25 PM   

This is a very serious matter. Perry has twice now removed individuals handling the case and someone loyal to him delayed the matter.

I'm no lawyer but could it be considered a felony if he's found to impede an ongoing investigation, which appears to be the case.

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October 12, 2009 12:28 PM   

Texans got pretty po'd when Rick tried to cram the Trans-TX-corridor down their throats via eminent domain; they see him for what he is, and will not take well to his meddling in what could be the exoneration of an innocent man - an innocent Texan!.

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October 12, 2009 12:37 PM    in reply to npanxx

I dunno about that. Go read the Comments section to any of the stories in the Houston Chronicle. There are many folks here who figure if the guy was on death row he needed to die, no matter the "evidence".

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October 12, 2009 12:35 PM   

Gov. Goodhair's supporters are claiming he was just replacing them because their term was up. That's a pretty weak argument, though, considering that all three of the replaced members had been led to believe they'd be reappointed, and the replacement didn't happen until a full month after their terms had expired. This just happened to come barely in time for the Guv's replacement chairman to cancel an important public meeting in which the findings of their expert would be read.

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October 12, 2009 12:35 PM   

I suspect this is worth 2-3% for Perry.

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October 12, 2009 12:37 PM   

Yikes, what a caricature! This guy belongs in a sequined cowboy shirt singing Achy Breaky Heart, don't he?

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October 12, 2009 1:20 PM   

Link to the most excellent New Yorker story from a week or so ago, or it's worthless.

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EH

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October 12, 2009 1:39 PM    in reply to sherifffruitfly

It's the first link in the first paragraph of the story.

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October 12, 2009 1:55 PM   

Texas posts the last statements of those they put to death. Here is the information about Mr. Willingham.

Date of Execution:
February 17, 2004
Offender:
Cameron Todd Willingham #999041
Last Statement:

Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby. [Remaining portion of statement omitted due to profanity.]

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October 12, 2009 3:24 PM   

Thanks for following this story, Zach.

This is a profoundly important story and I ask that you stick with it.

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October 12, 2009 3:57 PM   

In graf "Nor is Perry's office ... " should it read "sent hours before Willingham [was executed] alerting the governor to serious flaws in the arson investigation"?

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October 12, 2009 5:08 PM   

the death penalty sucks. i always thought life in prison was worse. i never understood the state sanction of putting someone to death. was this guy guilty? i don't know, but he had 12 years to prove that he wasn't. still, the death penalty is barbaric.

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October 13, 2009 1:34 AM    in reply to jjdjjd

was this guy guilty? i don't know, but he had 12 years to prove that he wasn't.

His lawyers had presented a report to the courts and to the governor a report concluding that "there is not a single item of physical evidence in this case which supports a finding of arson." What the fuck more do you want?

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October 13, 2009 11:00 AM    in reply to gharlane

to charlane, he was found guilty at his trail, why didn't his lawyers do their job then? oh, you say ? they sucked then, but have since 'found' new stuff that clears their man. oh, ok, just let him out. oops, he's dead. nevermind. READ THE REST of my post, you will see i'm against the death penalty. you are no rocket scientist.

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October 13, 2009 10:10 AM    in reply to jjdjjd

I agree with your point that life in prison is a worse punishment for the guilty. I've never understood the obsession with the death penalty, as if the guilty are somehow "getting away with murder" if they are not executed. Death is the easy way out. Take the poster boy for capital punishment - Tim McVeigh. He died still thinking that he was a heroic patriot. Much more appropriate would have been for him to sit in a cell for 30-40 years thinking about what he had done. Imagine the anguish as time passes, he grows older, and starts to realize the magnitude and futility of what he did.

Or not, but who cares. He is still being punished by having his life taken away from him. It's just that he has to actually experience the loss of his life and comtemplate it for a lifetime instead of slipping painlessly into oblivion. Excruciating boredom is the worst punishment.

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October 12, 2009 5:49 PM   

Texas: It's like a whole 'nuther planet!

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October 13, 2009 1:00 PM   

I have a good friend who is a widely repected engineer in several fields, and in the service was literally a "rocket scientist".

In recent years he has worked as an arson investigator / expert witness.

90% of his work is defending people as an expert witness in court because so many "investigators" and Fire Marshalls today are incompetant and do not have the proper background to to do the work.

Unlike a coroner, who is an MD at least, some of these people do not even have a hard science background, yet are taken as authorities or experts in court.

This often results in criminals going free, or innocent people charged with arson.

I can't begin to recount how many so called "investigators" my buddy has demolished in testimony - half the time they've hopelessly contaminated the scene.

I have no doubt at this point that the investigation was highly suspect, and it's not only the death penalty that's on trial here but the whole system of fire investigation.

While I can't say for certain that this was a botched investigation, the odds are good that it was, especially if the DA was intent on nailing someone.

One also has to wonder if things would have gone this fire if a black man was wrongly executed in the great state of Texas.

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October 14, 2009 10:00 AM   

One thing seems very clear from this whole siutuation: Perry needs to be fired by GOP voters in the primary next year and be replaced by Kay Bailey Hutchison. This whole story reeks of 'abuse of power' and 'obstruction of justice'. Perry is trying to cover something up. But then it's always the cover-up that's worse than the 'crime'.

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October 14, 2009 6:01 PM   

The only good thing out of Texass is being out of Texass.

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