Texas Governor Perry Replaces Forensic Science Commissioners at Key Juncture in Willingham Investigation
On September 30, Texas Governor Rick Perry replaced three members of the Texas Forensic Science Commission. The move drew national attention because the Commission is reviewing the flawed forensics behind the arson conviction of Cameron Willingham, who was executed in 2004. Commissioners had been routinely reappointed in the past, and all three ousted commissioners had expressed a willingness to continue in their unpaid service, and were surprised to learn of the governor’s decision. The announcement of the changes came just two days before noted arson expert Craig Beyler was to present and answer questions on his report on the Willingham case, which the Commission hired him to prepare.
Among the changes, Governor Perry replaced former Chair Sam Bassett, an Austin attorney, with Williamson County District Attorney John Bradley, a conservative Perry ally known as an outspoken advocate for prosecutor’s interests in the Capitol. Bradley’s first act was to cancel the Commission’s public hearing on October 2, during which they would have discussed Beyler’s report.
This most recent expert review of the arson evidence in the Willingham case commissioned by the Texas Forensic Science Commission confirms yet again what three previous expert reviews concluded – that junk science was the basis of the conviction and death sentence. This case is a compelling example of the urgent need for states to implement more robust oversight and quality standards for forensic evidence that will ensure that only valid scientific evidence finds its way into our courtrooms.
Willingham’s case is a tragic example of the kinds of forensic failures documented in the recent report of the National Academies of Science. Until we put in place appropriate oversight and safeguards, innocent defendants will be at risk of conviction based on flawed forensics. Even as forensic evidence is increasingly relied upon, the Willingham case forces us to recognize that, too often, it has been botched or misused
