Did Texas Execute an Innocent Man? Court of Inquiry Into Execution of Cameron Todd Willingham Starts Today - Maybe

A two-day hearing is scheduled to start this afternoon in our state capital - actually in the 299th District Court in Travis County Courthouse down in Austin - and it's not your usual weekday hearing.  Today, an official Court of Inquiry is set to begin, brought pursuant to  Texas Code of Criminal Procedure Article 52.01(b)(2) and the motion filed by District Attorney R. Lowell Thompson of Corsicana. 

The purpose of the action?  To review the case of convicted arsonist/murderer Cameron Todd Williams in order to determine whether or not an innocent man was killed by lethal injection by the State of Texas back in 2004.

This is a big deal.  Of course, it's a big deal if an innocent man was executed -- but it's also a big deal that the Texas criminal justice system appears to be grading its own papers, instituting its own investigation into the matter.  Wow. 

Motion to Recuse the Presiding Judge Also Set to be Heard Today

Before you get ready to drive to Austin, wait a minute.  A challenge to the presiding judge has been filed, too.  Sometime this morning, it's expected that State District Judge Charlie Baird will rule on whether or not he'll preside over the Inquiry.  There are those that argue he shouldn't be involved - including the Navarro County District Attorney, who is seeking the recusal of Judge Baird. (Willingham was convicted in Navarro County - the prosecutor responsible for the conviction is seeking the recusal.)

However, it's curious because Judge Baird's role is not fact-finder: under Article 52.01(b), he must request that the district's presiding judge appoint another judge to review the evidence.  Baird doesn't have that job.

The recusal motion is set for 10:30; the inquiry, at 1:30 this afternoon.  Many are expecting a delay due to the recusal request. 

Of particular note:  Judge Baird has experience in handling a court of inquiry.  He oversaw the court of inquiry into the conviction of Tim Cole (of Fort Worth). 

Result:  Tim Cole was exonerated, posthumously.  (For details on Tim Cole's case, check out our earlier post.)

Was Cameron Todd Willingham Innocent?

Mr. Willingham went to his death never veering from his claim of being innocent of the murders of his three children, Amber (2 years old) along with 1 year old twins Karmon and Kameron, by arson in a fire that killed all three of them as they slept in their Corsicana home back in 1991.  Willingham was tried, convicted, and executed in 2004. 

Numerous respected experts have reviewed the arson investigation and determined that the case against Willingham was filled with errors and based upon outdated methodology. 

What Does This Mean for Us? 

This level of public scrunity into the justice system doesn't happen everyday - grading the papers long after the case is over, and in this instance, the man is dead.   If the State of Texas executed an innocent man, it's a travesty.  However, the fact that it isn't been swept under a rug -- that the system is checking itself -- this is a good thing for Texas. 

Media Watch: Dallas Morning News Changes Its 100 Yr. Stance on Death Penalty

Today, the Dallas Morning News changed its position on the death penalty, and after 100 years the newspaper no longer supports capital punishment. Wow.

The entirety of the editorial is worth the read, but here are some excerpts in case you don't have the time:

"The year draws to a close with Texas in its familiar No. 1 place nationally in capital punishment statistics (18 of the nation's 37 executions in 2008). It has also been a year rich with examples of why this state should stop its error-prone machinery of death. ...

"For a change, discussion about flawed justice need not start in Dallas County, the nation's ground zero for DNA exonerations. Just to the north, Collin County illustrates how even a highly educated, affluent community can get it wildly wrong in the high-stakes gamble called capital punishment. ...

"There is no quick or neat fix for breakdowns in justice that range from poor technology to dishonesty among officers of the court. Dozens of DNA exonerations across the state – including the nation-leading 19 in Dallas County – have demonstrated how unreliable eyewitness testimony can be. Further, statistics indicate a disturbing arbitrariness of capital punishment, varying greatly by county. Data also show that a killer is far likelier to die for killing a white person. ...

"It's the view of this newspaper that the justice system will never be foolproof and, therefore, use of the death penalty is never justified. ...."

Read the full editorial here:

Editorial: Death penalty moratorium needed
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-death_29edi.State.Edition1.1eb1ec0.html

For some earlier posts on issues addressed in this editorial, see:

Crime News: Bernie Madoff Scandal Kills DNA Testing for Wrongfully Convicted
http://dallaslawyer.blogspot.com/2008/12/crime-news-bernie-madoff-scandal-kills.html

Judge Watch: Secret Love Affair Between Trial Judge and DA Stops Execution?
http://dallaslawyer.blogspot.com/2008/09/judge-watch-secret-love-affair-between.html

Crime News: Will DNA Tests Free Johnnie Lindsey on Friday?
http://dallaslawyer.blogspot.com/2008/09/crime-news-will-dna-tests-free-johnnie.html

JUDGE WATCH: Secret Love Affair Between Trial Judge and DA Stops Execution?

Charles Dean Hood was scheduled to be executed today for the 1989 killings of Tracie Wallace and Ronald Williamson. Hood's been staring the death penalty in the face for almost twenty years.

Yesterday, things changed.

The highest criminal court in the state, the Court of Criminal Appeals in Austin, issued a stay of execution on Execution Eve, purportedly to consider arguments made in his criminal appeal that the jury got bad instructions on the law, way back when.

However, many are thinking the real reason that Charles Dean Hood lives to fight another day is because of a civil suit filed on his behalf, which enabled his attorneys to take the sworn testimony of the judge who presided over his trial as well as the prosecutor.

The Secret Love Affair

What's the big deal about these depositions? Well, it appears that courthouse gossip was true.

Former Collin County Judge Verla Sue Holland and Collin County District Attorney Thomas O'Connell reportedly admitted to being romantically involved during the time period when the Hood case was tried. It was a secret they'd kept all these years.

Here's a part of the letter that Gregory Wiercloch, Hood's attorney, wrote to Governor Rick Perry:

“Judge Holland and Mr. O’Connell confirmed that they kept the relationship secret .... She never disclosed it to a single litigant or lawyer who appeared before her, and she never recused herself from hearing a single case because of her affair with the elected district attorney.... Similarly, Mr. O’Connell never disclosed the romantic relationship to any of his adversaries nor did he recuse himself or his office from prosecuting a single case because of his affair with Judge Holland.”

Last week, the Texas Attorney General asked for a reprieve, so the Secret Love Affair rumors could be investigated.

Defense Attorney Nightmare

Talk about a criminal defense attorney's nightmare! You're trying a murder case with the possibility of death row, and the Judge and the prosecutor are an item. It's the stuff of a Law & Order episode.

The Brave Soul

How did all this happen? It appears that an attorney who worked as an assistant DA in Collin County during the time of the Hood trial had the courage and integrity to step forward and provide Hood's civil lawyers with a sworn affidavit, swearing that it was common knowledge at the time that there was a rumored romance between the trial judge and the prosecutor in the case.

This affidavit gave Hood's civil attorneys the legal ammo they needed to move the court for these depositions to be taken, in the face of arguments against them.

It's true that Judge Brewer, presiding over the civil case, then had the fortitude to allow the depositions to proceed - with a gag order. However, it took a lot of spunk for that attorney to provide that affidavit for all the world to see -- including fellow attorneys who may decide to ostracize this whistleblower.

Editorials are being written about giving credit to Judge Brewer -- it would be nice to see some hat-tipping to this brave attorney, too.

The Underlying Crime

What was Hood's crime? Hood (now 39) was found guilty and sentenced to death for shooting to death Ron Williamson, his boss. and Williamson's girlfriend, Tracie Wallace, along with stealing Williamson's car and credit cards, along with some jewelry. Hood was arrested in Indiana, and returned to Texas for trial. Hood still maintains his innocence.

Sources:
Reuters.Com (http://www.reuters.com/article/newsOne/idUSN0934589420080910)
New York Times (http://www.nytimes.com/2008/09/10/us/10texas.html?_r=1&scp=1&sq=Charles%20Dean%20Hood&st=cse&oref=slogin)
DallasMorningNews.Com (http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-hood_10edi.ART.State.Edition1.26ae2e0.html)