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Texas Governor Stymieing Panel Probing Flawed Death Penalty Case?


Gov. Rick Perry (R-TX)

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Even by the standards of Texas's enthusiasm for state-sanctioned killing, this is pretty shocking...

A Texas scientific panel has been looking into possible missteps in a criminal investigation of a 1991 arson case which led to the execution of Cameron Todd Willingham. A recent New Yorker story about the case laid out compelling evidence that Willingham may well have been wrongly put to death.

The panel, the Texas Forensic Science Commission, was scheduled to hear today from a nationally recognized arson expert it had hired, Craig Beyler, who had last month released a report which called the original probe slipshod.

But on Wednesday, Texas governor Rick Perry abruptly removed three members of the commission. In their place, he appointed a new chair with a reputation as a hardline conservative prosecutor, who promptly canceled the hearing at which Beyler was to testify.

Perry, a Republican, said that the terms of the ousted members were expiring, and called the move "pretty standard business as usual." But the ousted chair, Sam Bassett, told a reporter that he had heard from Perry's staffers that they were "concerned about the investigations we were conducting." And Bassett left no doubt that he had been willing to let the chips fall where they may, declaring: "In my view, we should not fail to investigate important forensic issues in cases simply because there might be political ramifications."

What political implications? Before Willingham's execution, Perry had been asked by defense lawyers to grant a stay, based on a report by another arson expert which concluded that "there is not a single item of physical evidence in this case which supports a finding of arson." Willingham's lawyers wanted a 3-day reprieve to give the court time to review the report. But Perry, in line with a prior decision by the state's clemency board, had denied the request.

In rejiggering the scientific panel, Perry appears to have acted hastily. The new chair, John Bradley, said the first time he had learned of his appointment was the day it was announced, when he got a call from Perry's office. He said he hadn't asked for the post. Bradley also said he cancelled the Beyler hearing because it would be held too soon for him and other new panel members to sort through Beyler's report and other materials, and added that he didn't know whether it might be rescheduled.

Perry is in a tough fight for reelection with Sen. Kay Bailey Hutchison. And she's already trying to make hay out of the move. "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 told the Dallas Morning News. "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."

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42 comments

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October 2, 2009 12:44 PM   

Wow, this state is so scary. My spouse wants to relocate and this is at the very bottom of the list. Too bad TX.

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October 2, 2009 2:37 PM    in reply to Amelie

I relocated here 24 years ago, and I can tell you the state isn't scary at all. In fact, other than the explosive heat and high humidity during the summer, it can be quite lovely. Now, the politics and the politicians are pretty screwed up. Gov. Goodhair is the worst of them all. But most people here are pretty nice -- even the ones I disagree with vehemently. But even a lot of those have seen the error of Republican rule in the last few years. GWB did big damage to a lot of Texans' psyche, I think.

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October 2, 2009 2:39 PM    in reply to ericami

As far as I am concerned, the weather alone is reason enough not to live there and other than Austin, there isn't a much to allure me there. I have a niece who married a Texan who lives in the Fort Worth suburbs and most of the folks I met down there are all religious nutcases and pretty damned uninformed on most issues. Sheeples.

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October 2, 2009 2:58 PM    in reply to lousgirl84

Austin is a great town, but Houston (though stunningly ugly in places) is a LOT more culturally diverse and laid-back than the Dallas-Fort Worth area, or really the rest of the state (Excepting Austin).

And to be fair to Fort Worth, you'll find many more lefties in the city itself than in the burbs, just as is the case with most other big cities.

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October 2, 2009 3:33 PM    in reply to cole_dranx

Actually, I'd argue San Antonio as the most diverse city in the state. Definitely moreso than Houston, anyway. And I live in the Dallas-Fort Worth area. 10 years in Fort Worth and surrounding areas, 14 in Dallas and suburbs.

Moved here from Oregon, which I love, too.

As with any place, you can make of it what you will. I met my wife here. I went to college here. I've worked for some great (and some lousy) companies here. Is it perfect? No. Is any place perfect? I haven't seen it yet. As far as I'm concerned, the biggest problem with Austin is the pretentiousness of the people who live there. They're so afraid of being somehow contaminated by the conservatives in this state that they're afraid to live among them. So they crowd themselves into one smallish city. Talk about sheeple.

If you have convictions in your beliefs, then it really shouldn't bother you to live around people who believe differently, so long as you can peacefully coexist. I have that relationship with my neighbors here. We don't agree about most things, but we mostly like each other, anyway.

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October 2, 2009 4:48 PM    in reply to ericami

I lived in Texas for 9 years in Austin and San Antonio, and my parents still live in Fort Worth. While Texas are outwardly polite, they are inwardly racist and violent. Most own guns and most still use the "N" word in private. A typical family from San Antonio - Dad gets a pension from the military for a non-combat job, mom gets a pension from a teaching job. Both get medicare. Both pay very little taxes. Both are against the public option, both supported Bush and Cheney all 8 years, both believe Obama was born in Kenya and is a secret Muslim and both told me, "I hate people asking for government handouts."

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October 3, 2009 4:51 PM    in reply to traitorjoe

I can only speak for myself but having been born and lived the majority of my life in Texas, I think this once again proves how ideological Texan Conservatives happen to be. Rick Perry is the epitome of a Texas Conservative, not too bright but not dumb looks "goodhair" on camera, and a staunch conservative who supports school vouchers, a deregulated market,pro-crime penalty, pro-gun, pro-death penalty and pro-christian politically dominated environment. As I said I can not speak for any Texan other than myself but my experience is that Texas is diverse politically, I think alot of the conservative young executive types simply follow their parents political prescriptions. Of course their are many that have don't fit that label especially among the minorities (hispanic/latino, African-American, Chinese, Japanese, Samoan etc). Austin definitely leans left for the most part for a number of reasons, chief among them is the overall young population, its high-tech/computer business hub and its cultural history. Houston is a port city dominated by ship-channel, energy, health-care etc. It is perhaps the most diverse large city in Texas. It has a china/korea town located on the west side, a GLBT community in the inner northwest corner of downtown, tons of mixed racial suburbs like Kingwood, Alief, Sugarland, Midtown, Bellaire etc. The city is hot and humid most of the year, is full of big-box stores but big enough to have plenty of boutique-type/small businesses. It has great food, horrible traffic, little efficient public transport, sports town, a couple of colleges, a great art scene lately leaning democratic like most big Texas cities. San Antonio reminds me of Houston in the 80's, growing suburbia(primarily on the north side although there is a lot of growth on southside (which has the toyota plant). growing medical center but is largely a city dominated by tourism and the military. The city is over 50% hispanic but leans both ways on a number of issues. I have never lived in Dallas or Ft.Worth for any long amount of time but have visited it frequently. I think the DFW area leans generally right but it has a very healthy art and musuem districts, great colleges, a LBGT district and mixed diverse cultural communities (this is just my opinions, I am sure there are many others who can improve upon my general descriptions). The upcoming Gov race is rather interesting with Perry (already the longest serving tex governor), Hutchison (formally Sen Kay-bay Hutchison), Kinky Friedman throwing their hats into the ring. It appears that Perry is going for the conservative (bush and hard conservative republicans) and Kay is trying to peel away the moderates who are tired of the Perry-Bush style state government. Kinky IMHO is a side-show who appeals to some libertarians and some on the left. At this point I would say the race is Perry's to lose barring some solid Dem candidate. However as a Texan I think the reality from afar makes Texas politics look as one of the most conservative corporatist states, with Tennessee seemingly following the same path (with its own lefty town in Nashville). I think Texas needs its citizens to open their eyes to the major failures of government under the tenure of Bush and Perry. Although Texas does come up good in its budget(which it is required to do under the state constitution) it has largely relied in federal assistance in both its military hubs, disaster relief (flooding, tornadoes, hurricanes, drought). From my view our schooling has gotten worse in a number of ways including testing being their only focus for teachers and students, poor sex education with Texas ranking amongst the last in teen pregnancy. Personally I believe Texas schools could do with less bureaucracy/administration, we need lower teacher to student ratios, more dual-language speakers and a curriculum which addresses dual-language in our communities, and more support for teachers in terms of controlling their class rooms (parents have to a good job of preparing their kids for school and the schools need to have a relationship with its students guardians). I think over the last couple of decades some Texas-based large corporations have shown neither sound business ethics nor fiduciary with Enron and Arthur Anderson consulting having alot of sunshine upon them.

I am running out of steam, peace.

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October 4, 2009 12:04 PM    in reply to JoshQuasimoto

Josh,

Extremely good description of Texas. I have lived here since my parents moved here during WW II, and during this time Texas has been a state politically dominated as an agricultural state with oil, banks, insurance and real estate financing the politics and the evangelical conservative churches setting the cultural tone. Like all the states of the old Confederacy, Texas is dominated by a relatively few wealthy families who are extremely culturally conservative. Combine them with the evangelical conservative churches who dominate the rural cultural life, and the state's politics have been ultra-right for a long time. The conservative Democrats of Texas in the 1930's were one of the biggest enemies of FDR and the New Deal. I think what happened was the wealthy class northern Republicans and southern Democrats who dominated national politics in the 1920's were able to survive here in Texas because it was an agricultural state, not an industrial one.

Culturally it has been dominated by conservative religious denominations, especially the Southern Baptist Church. Because of the southern roots, the most important issue culturally has been to oppose the Civil Rights Movement. It's my understanding that the Southern Baptists broke with the Northern Baptists over either slavery or segregation, and they carry the Racist contagion more than any other single Texas institution.

But the shift away from a predominantly agricultural economy in the last 50 years has been constant. Texas was dominated politically by rural and religious politicians (funded by big business and the oil industry) until very recently. The replacement of Tom Craddick from Midland as Speaker of the House by Joe Straus (San Antonio) represented a shift in political power from agricultural elites to big city politicians. Interestingly, Straus is also the first Jewish Speaker in Texas.

Texas already has more of its population living in big cities than in rural counties, driving the voters to the Democratic Party. As the Hispanic population grows the Republicans are driving them to the Democratic Party. This matters because the evangelical conservatives literally own the Republican Party because they can get out the vote and dominate the caucuses the select the delegates to the state party conventions. There is no effective organized group able to counter the evangelicals. But the Republicans are committing political suicide as the voting blocs move away from them. It's what happened to the Republican Party in California. They remain a nasty but permanent minority there now. It's happening here in Texas, too.

Unfortunately it is a slow political suicide and we will suffer with the oil company- and big business-financed evangelical-dominated religious and ideological crazies keeping a lot of power for a while yet. But California has a lot of those groups in power, too.

Hey! Texas is still a lot better than Mississippi, Louisiana, Oklahoma and South Carolina! And there are a lot of really fine people here.

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October 4, 2009 3:44 AM    in reply to cole_dranx

I'll take DFW over Helltown any day of the week and double on Sundays. Of course, I am currently stuck in Odessa. Please, deliver me.

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October 4, 2009 12:05 PM    in reply to cole_dranx

I've been wandering Texas for the last decade and a half, with the last 8+ in Austin. Austin just tries too hard to be "non-conformist". It's hard to be on the list of top places to live/move to/cities of future - and yet at the same time cling to the (much marketed) mantra "Keep Austin Weird".
Regardless of which city I've lived in (all the major ones, 'cept Amarillo), this state has the WORST drivers of any place I've ever lived. Everyone drives fast & RUDE, which just ends in traffic accidents that slows everything down worse than had they been courteous and careful.
There really is an undercurrent of hostility on the roads. It's more obvious in the bigger cities, but it's still there even in Austin.

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October 4, 2009 6:13 PM    in reply to deusXmchna

I agree with you about the drivers here in Texas. Personally I think it has to do with the agricultural/rural culture that is being displaced by the big city urban culture.

Good driving manners come from driving in crowded large cities. Rural drivers are not used to having to share roads, and I think that for a significant number of them, this leads to an undercurrent of anger as they drive.

That would make the frequent bad drivers here a result of the culture clash that is taking place in Texas as the majority of the population gets used to living in big cities instead of on farms and ranches or smaller towns. I'd bet there was some of that happened in California after WW II, but in Texas it is worse because of the historical myths of "being a Texan" that are actively propagated.

This is just my personal observation and speculation, of course.

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October 2, 2009 3:20 PM    in reply to ericami

That's nice. Just don't get accused of burning your house down and killing your kids.

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October 2, 2009 3:37 PM    in reply to jeffgee

@jeffqee: Actually, great advice no matter WHERE you live.

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October 3, 2009 3:29 PM    in reply to jeffgee

Very important story. There is every reason to believe that Willingham did not set the fire that killed his children; the initial arson investigation was "deeply flawed" to say the least.

Would obstructing such an inquiry constitute obstruction of justice? Lawyers? Lawyers?

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October 4, 2009 12:23 PM    in reply to erica

I'm no attorney, but I doubt that Perry can be accused of obstruction of justice. Willingham has already been executed. The Justice System is through with his case.

Perry is going to pay a political price, though. His major competition in the Republican Primary has already started to make an issue of his actions, and this morning (Sunday) the ABC channel in Dallas has spent a good deal of time discussing it and how badly Perry has handled the issue. Channel 8 ABC has been one of the most conservative organizations in the State and until the TV stations were split off from the Newspapers, Channel 8 belonged to the right-wing Dallas Morning News.

Perry played to his evangelical political base, and he screwed the pooch with everyone else in Texas.

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October 4, 2009 6:16 PM    in reply to Richardxx

I'm really hoping that Perry wins the Republican nomination over Hutchinson, though. I think that for the general election Perry is the weaker candidate, but for the Republican Primary he is the stronger one.

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October 5, 2009 1:20 AM    in reply to Richardxx

Thank you.

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October 3, 2009 10:31 AM    in reply to ericami

GWB didn't do too much good for the impression Texans make on the rest of the country, either. The likes of Tom DeLay and John Cornyn haven't helped.

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October 4, 2009 6:22 PM    in reply to acf_ma

You will notice that all three of those individuals, Bush, DeLay and Cornyn, were elected with the evangelical Republican bloc as their major base.

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October 2, 2009 12:44 PM   

The press needs to take note of what is happening here and push this story. We all know that there is not proof that a factually innocent man has been executed in this country and we can't let Perry prevent this investigation from continuing for his own political gain!

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October 4, 2009 6:33 PM    in reply to JohnAH

We may not have proof that he was innocent, but that is not the standard we use to impose the death penalty. What we do clearly know is that there was NO PROOF THAT HE WAS GUILTY! In fact, there was no discernible proof that arson was committed. Even the jailhouse snitch recanted.

There is pretty clear evidence that Rick Perry did not allow the judgment to be questioned - not because there was any strong evidence that it was a correct sentence, but because it would be politically risky for Perry with his base of voters to be seen to not execute someone convicted of murder and sentenced to be executed merely because the trial was a bad one.

Apparently our evangelical Republicans consider the sentence of death by a trial to be as literally inerrant as they do the Bible.

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October 2, 2009 12:45 PM   

Hey, Rick. Your grandson called. He wants his hair back.

Cripes, what is it with Governors and their hair?

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October 2, 2009 2:01 PM   

Sounds like something Gov. Goodhair would do. The man wasn't an illegal, so the state's government doesn't give a damn about him.

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October 2, 2009 6:12 PM    in reply to Kuyleh

Exactly. Down there, in the grand 'ole state of Texas, illegals are still--and will most likely always be--the primary focus.

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October 2, 2009 2:04 PM   

Perry has stated he believes the man was guilty and that the right decision has been reached. So to keep himself politically viable he has sabotaged this. The trouble is the hillbillies he "governs" will think he is hard on crime and love him for it. And the right will probably try to make this about states rights or some other garbage.

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October 2, 2009 2:05 PM   

Wow. Rick's lookin' rough . . . sleepless nights and all that. He looks like the Cryptkeeper in a suit and hair-helmet wig.

I know at this point that it's absolutely pointless and cliche to mention: if this had been a Democrat . . .

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LFC

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October 2, 2009 2:15 PM   

Perry has stated he believes the man was guilty and that the right decision has been reached.

Yeah, and Bush said that over and over and over again when he was Gov. of Texas.

Isn't it ironic how Republicans in a right-wing state can be so anti-life? That isn't fair. It's not that they are against life. It just has no value when it's one of the masses they don't particularly care for.

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October 2, 2009 2:18 PM   

It sounds as if the new head of the panel may not be a political hack (Or if he's a hack, not willing to go down with Perry). Postponing a hearing that you had no idea you were going to be running and hadn't read any of the prep work for is not a crazy idea. But obviously reporters are going to have to keep on this story so that Bradley can't let it fade. Of course, if Bradley reschedules, Perry will probably fire him too, but at that point you're getting into more serious scandal territory.

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October 2, 2009 3:40 PM    in reply to paulw

I don't think Bradley would take kindly to a "firing"; he's as hard-core as they come, from a hard-core county. I live next door in Travis County (Austin), and Wilco (Williamson Cty, where Bradley is prosecutor) is renowned as a "hangin' county").

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October 2, 2009 8:44 PM    in reply to paulw

Bradley didn't postpone the hearing, he cancelled it and doesn't know if it will be rescheduled. He was hired because he would cancel the hearing. I thought those people were seceding if Obama won, what is the hold up?

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October 2, 2009 3:20 PM   

When an innocent person has been put to death I honestly think all the assholes who merrily had him killed, DESPITE the logic and the evidence of innocence, should be killed as well. That way this will never ever happen again. How the hell does this arrogant ignorant man sleep at night?

Texas Republicans are the Party of Jesus Christ and the most evil greedy fuckers in America.

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October 2, 2009 3:35 PM   

I think you can safely remove the "?" from the headline.

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October 2, 2009 3:40 PM   

Innocent or guilty don't matter to the GOP Culture of Death Party with Perry being the Texas Grim Reaper.

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October 2, 2009 3:48 PM   

The real death panel!

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October 2, 2009 4:44 PM    in reply to GTFOOH

You mean the "Rio Grande Death Panel."

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October 2, 2009 3:58 PM   

Hopefully this could be a case where the cover-up just makes it a bigger story.

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October 2, 2009 4:45 PM   

How could the jury have believed the motive?!
He wanted more time for darts and beer, so he killed his own kids and burned his house down to do it?

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October 2, 2009 6:16 PM   

Kay Bailey can whine all she wants

She's running in a Texas Republican primary

Rick's got her by the short and curlies

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October 2, 2009 7:14 PM   

Coloradans have a favorite saying: "If God had wanted Texans to ski, He would have painted s__t white!" Amen!

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October 2, 2009 8:03 PM   

Come on everybody! Nobody wants to admit to executing an innocent man, so if Perry can prevent an inquiry,there will be no finding of having executed an innocent man. Problem solved.
(Of course, reality may be different, but Republicans have been known to scorn the reality based community, so I guess it is consistent with their 'family values'.)

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October 3, 2009 10:42 AM   

It's days like this that make me miss Molly Ivins.

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October 4, 2009 10:32 PM   

"Stymying"; come on.

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